Dimmick v. Collins

Citations

• 24 Wash. 78
• 63 P. 1101
• 1901 Wash. LEXIS 498

Syllabus

<p>STATUTE OF FRAUDS —' PAYMENT ' OF ANOTHER’S DEBT AS ORIGINAL PROMISE.</p> <p>An agreement to pay the debt ef another as consideration for another contract between the promisor and promisee is not within the statute of frauds.</p> <p>SAME-ACTION ON CONTRACT-SUFFICIENCY OF EVIDENCE.</p> <p>In an action by plaintiff to recover upon defendant’s promise to a third party to pay such third party’s debt to plaintiff, a prima facie case sufficient to go to the jury is established by evidence showing that such third party held a lease of certain farm lands of defendant, from which he was to have two-thirds of the grain raised by him thereon; that he had agreed to share his portion of the crop with plaintiff, in consideration of the latter’s labor in raising the crop; that the lease was subsequently surrendered to defendant on his agreement to pay plaintiff the value of the services performed by him towards raising the crop; and that such services performed by plaintiff were worth $223.25.</p> <p>SAME-EVIDENCE-RELEVANCY.</p> <p>In an action by plaintiff to recover the value of his services in raising a crop of grain for a tenant of defendant, and which, it was claimed by plaintiff, but denied by defendant, the latter had agreed with the tenant to pay in consideration of a surrender of the lease, evidence of the condition of the crop at the time of the alleged contract and that it was doubtful whether it would more than pay the costs of harvesting and threshing is admissible as a fact tending to show the reasonableness and probability of defendant’s entering into such a contract.</p>