Duncan v. Shaw

Citations

• 17 Pa. Super. 225
• 1901 Pa. Super. LEXIS 288

Syllabus

<p>Statute of frauds — Agreement to pay debt of another.</p> <p>Whenever the main purpose of a promisor is not to answer for the debt of another, but to subserve some purpose of his own, his promise is not within the statute, and this, although the performance of it may incidentally have the effect of extinguishing the liability of another.</p> <p>Where D. & Co. purchased the business of G. & Co., and agreed to pay G. & Co.’s debt to S. & Co. in consideration of S. & Co. giving the work which they had previously given to G. & Co. to D. & Co., the agreement is not within the statute of frauds, nor does it lack consideration because it is not given for a specified time, nor for a certain amount.</p>