Hunt v. Taggett

DISSENTING OPINION.

McCulloch, C. J.

If there was any agreement at all between Hunt and Taggett for the latter to pay the debt of Hicks, it was founded on a new consideration, i. e., that Hunt was to enter into a contract with Hicks for the rent of the farm. This made the promise an original one, and took it out of the operation of the statute of frauds, under the rule that a parol promise to pay tbe debt of another is not within the statute “when it arises from some new and original consideration, of benefit or harm, moving between the newly contracting parties.” Chapline v. Atkinson, 45 Ark.…