Bunting v. Darbyshire

Citations

• 75 Ill. 408

Syllabus

<p>1. Contract—promise to pay debt of another to prevent a levy upon property claimed, by promisor. Where judgment was recovered against A & B, the latter being surety, only, for the former, and execution issued thereon, and the son of A, who claimed to have purchased A’s property, and who was then in possession of the same, agreed with B, the surety, that, if he would settle the judgment on as reasonable terms as he could, and pay the same, he, the son, would pay him the amount so paid, and the surety did settle and pay the judgment, it was held, that the son of A was liable, on his contract with the surety, to pay him the amount paid to settle the judgment, with six per cent interest.</p> <p>2. Statute of frauds—promise to pay the dM of another. Where a surety in a judgment upon which execution is issued has the right to have the debt collected out of property of the principal, and a son of the principal induces him to forego such remedy and pay the judgment, upon his promise to repay him, the contract to pay will not be within the statute of frauds, as a promise to pay the debt of another, but will be regarded as an independent and original contract.</p>