Campbell v. Weston Basket & Barrel Co.

Citations

• 87 Wash. 73
• 151 P. 103
• 1915 Wash. LEXIS 1051

Syllabus

<p>Frauds, Statute of — Agreement to Pay Debt of Another. Where, upon a meeting of creditors, it was agreed that one of them was to take over the plant and pay $4,000 toward the lienable claims of the insolvent, his promise to another creditor having a nonlienable claim “to see the claim paid,” is a promise to answer for the debt of another, and void, within the statute of frauds, unless in writing, or unless from other circumstances it appears to be an original and not a collateral undertaking.</p> <p>Same—Agreement to Pay Debt of Another—Memorandum—Sufficiency. Such an agreement is not taken out of the operation of the statute of frauds by letters referring to the closing up of the matter or to the “understanding” of a third person as to the promise, none of which determines what the agreement was without resort to parol evidence; since the memorandum must be complete without resort to such evidence.</p> <p>Same—Promise to Pay Debt of Another—Original or Collateral Agreement. Where, upon a meeting of creditors, it was agreed that one of them was to take over the plant and pay $4,000 toward the lienable claims of the insolvent, his promise to another creditor, having a nonlienable claim, “to see the claim paid,” cannot be sustained as an original undertaking, in consideration of such claimant’s forbearance to sue, there being no agreement to “pay the debt,” and no release of a valid lien on the property.</p>