Craft v. Kendrick

Citations

• 39 Fla. 90

Syllabus

<p>1., A promise to pay the debt of a third person, arising out of some new consideration of benefit to the promisor, or harm to the promisee, moving to the promisor, either from the promisee or the original debtor, is not within the statute of frauds, although the original debt still subsists and remains unaffected by said agreement.</p> <p>2. If A employs B to build a house, and B employs C to do a certain portion of the work, and C after performing a part of the-work discontinues labor and refuses to do more unless A will agree to pay him the amount due him by B, and A thereupon promises C to paj the debt due him by B, whereupon C enters upon and completes his work upon the house, such agreement, though oral, is valid upon sufficient consideration and not within the statute of frauds.</p> <p>3. The pleas of nil debit and non assumpsit are inadmissible to-counts for work done and materials furnished and accounts stated in declarations in assumpsit, and the Circuit Courts should not tolerate the filing of such pleas in such cases.</p>