Mackey v. Smith
Oregon Supreme Court
Defendant appeals. If the person for whose use the goods are furnished be at all liable, any promise by a third person to pay therefor must be in writing, as it is within the statute of frauds. (Wallaces. Wortham, 25 Miss. 119; 57 Am. Dec. 197; Leland y. Greyon, 1 McCord, 100; 10 Am, Dec. 654; Andre v. Bodman, 13 Md. 241; 71 Am. Dec. 628; Whittmore y. Wentworth, 76 Me. 20; Willard v. Bosshard, 68 Wis. 454; Gump y.
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Defendant appeals. If the person for whose use the goods are furnished be at all liable, any promise by a third person to pay therefor must be in writing, as it is within the statute of frauds. (Wallaces. Wortham, 25 Miss. 119; 57 Am. Dec. 197; Leland y. Greyon, 1 McCord, 100; 10 Am, Dec. 654; Andre v. Bodman, 13 Md. 241; 71 Am. Dec. 628; Whittmore y. Wentworth, 76 Me. 20; Willard v. Bosshard, 68 Wis. 454; Gump y. Halber-stadt, 15 Or. 356; ."Reed, Stat. Frauds, § 31; Browne, Stat. Frauds, § 197; 8 Am. & Eng. Enc. Law, 678; Packer y. Benton, 35 Conn. 343; 95 Am. Dec. 246; Cole y. Hutchinson,…
1Opinion of the CourtLord, J.
The defendants were partners. The action is brought by the plaintiff to charge the defendants upon an oral promise, alleged to have been made by them, to pay him for goods and merchandise he supplied one Malone, a sub-contractor of the defendants in the construction of a certain railroad. After issue was joined upon the several causes of action alleged, the court referred the case to a referee to take the testimony and report his findings of fact *600and conclusions of law. On the trial before the referee, after the plaintiff had rested, the defendants moved for a nonsuit, which being overruled,…
2Cases cited10 opinions
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- Fullam v. AdamsSupreme Court of Vermont · 1864
- Ames v. FosterMassachusetts Supreme Judicial Court · 1871
- Clifford v. LuhringIllinois Supreme Court · 1873
- Fitzgerald v. MorrisseyNebraska Supreme Court · 1883
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3Cited by15 opinions
- Harrison v. BirrellOregon Supreme Court · 1911
- McGowan Commercial Co. v. Midland Coal & Lumber Co.Montana Supreme Court · 1910
- Eilertsen v. WEBEROregon Supreme Court · 1953
- Waldock v. First Nat. Bank of IdabelSupreme Court of Oklahoma · 1914
- Masters v. BidlerOregon Supreme Court · 1921
10 more not listed; retrieve them via the Exa API.