Jonesboro Hardware Co. v. Western Tie & Timber Co.
Supreme Court of Arkansas
1. Contracts — promise to pay the debt of another — statute of frauds. — A parol promise to pay the debt of another is not within the statute of frauds when it arises from some new and original consideration of benefit or harm moving between the newly contracting parties.
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1. Contracts — promise to pay the debt of another — statute of frauds. — A parol promise to pay the debt of another is not within the statute of frauds when it arises from some new and original consideration of benefit or harm moving between the newly contracting parties. A waiver of a legal right is a sufficient .consideration to support a promise to pay the debt of another. 2. Contracts — promise to pay the debt of another — profit or detriment. — A. agreed to pay to B. a debt due to B. by C. in consideration of B.’s refraining from bringing garnishment proceedings. B. so refrained. Held,…
1Opinion of the CourtSmith, J.
In the trial of this cause in the court below, the court gave an instruction which set forth the issues involved and stated the theory upon which a verdict was directed in favor of the defendant. That instruction was as follows
“1. In this case, tlie plaintiff sues the defendant, on an alleged promise to pay the debt of one L. A. Goodrich, that debt being represented by a promissory note at the time of the alleged transaction or promise for the sum of one hundred and fifty dollars, and a judgment rendered by T. P. Arrington, justice of the peace, on another note for the same amount. The…
2Cases cited6 opinions
- Chapline v. Atkinson & Co.Supreme Court of Arkansas · 1885
- Zimmerman v. HoltSupreme Court of Arkansas · 1912
- Lay v. BrownSupreme Court of Arkansas · 1912
- Brinkley Car Works & Manufacturing Co. v. CookSupreme Court of Arkansas · 1913
- Buckner v. McIlroySupreme Court of Arkansas · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Bodcaw Oil Co. v. Atlantic Refining Co.Supreme Court of Arkansas · 1950
- Fausett Co. v. RandCourt of Appeals of Arkansas · 1981
- E.P. Dobson, Inc. v. RichardCourt of Appeals of Arkansas · 1986
- Federal Compress Warehouse Company v. HallSupreme Court of Arkansas · 1945
- Hays v. McGuirtSupreme Court of Arkansas · 1932
7 more not listed; retrieve them via the Exa API.