Williams v. Auten

Albert, C.

This case is before us on rehearing. The former opinion, by Holcomb, J., reported in 62 Neb. 832, contains a full statement of all the facts necessary to an understanding of the questions discussed.

The only question involved is whether the contract of the defendant Williams was an original undertaking, or merely to answer for the debt or default of another. If the former, the judgment of the district court is right and should be affirmed; if the latter, the promise, not being in *27writing, is within the statute of frauds, consequently the plaintiff in error is not liable thereon, and…