Ross v. W. P. Stephens Lumber Co.

Deen, Presiding Judge.

There are several enumerations of error all going to the statute of frauds defense. Code § 20-401 (2) requires that a promise to answer for the debt, default, or miscarriage of another be in writing. The promise which must be in writing is collateral, resulting in the second promisor, becoming bound along with the original promisor; there is no need for writing if a new promisor, for valuable consideration, substitutes himself as the party who is to perform, and releases the original promisor from liability. Evans v. Griffin, 1 Ga. App. 327, 328 (57 SE 921). The evidence…