Baxter v. Hurlburt
Citations
- 15 Pa. Super. 541
- 1901 Pa. Super. LEXIS 385
Syllabus
<p>Guaranty — Promise to subserve some purpose of guarantor — Statute of frauds.</p> <p>Whenever the main purpose of the promisor is, not to answer for the debt of another, but to subserve some purpose of his own, his promise is not within the statute.</p> <p>Where the purpose of a person promising to pay the note of a third party, is to secure himself from being disturbed in the possession of real estate, and the promisee does not disturb such possession, the promise is not within the statute of frauds, and recovery may be had against the promisor.</p>
Judges: Beaver, Orlady, Porter, Pouter, Rice
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