Moore v. Alston

Opinion by

Davidson, J.

§ 279. Statute of frauds; promise to pay debt of another; failure of consideration must be pleaded. This suit was based upon a note executed by the husband of appellee in his life-time, and upon a letter written by *479appellee after the death of her husband, wherein she agreed and promised to pay it. Her defense was simply general denial. The court rendered judgment in favor of appellee, the cause being tried by the court without the intervention of a jury. The note sued on was for $200, and also the letter of appellee promising to pay same. From the evidence it appears…