Davies v. Carey

Citations

• 72 Wash. 537
• 130 P. 1137
• 1913 Wash. LEXIS 1508

Syllabus

<p>Frauds, Statute or — Oral Promise to Pay Debt of Another— Original Undertaking — Consideration. Where tbe owner of timber sold tbe same to a logger, to be paid for as removed, and was interested in tbe logging operations to the extent that bis profits depended thereon, bis promise to a merchant, supplying tbe logger with goods for tbe camp, to pay tbe balance due on tbe account and also to pay for all merchandise thereafter furnished, in case credit was extended and goods supplied for tbe operations, is a direct and original undertaking on a sufficient consideration and not a promise to pay tbe debt of another; and hence is not within tbe statute of frauds.</p> <p>Husband and Wife — Community Debts — Judgment—Form. In an action against a husband and wife upon a community debt contracted by the husband alone, a judgment in form against both husband and wife, is erroneous, since it is enforceable against the wife as her separate debt, and should be against her as a member of the community only.</p>