First National Bank v. Geske & Co.

Citations

• 85 Wash. 477
• 148 P. 593
• 1915 Wash. LEXIS 1288

Syllabus

<p>Frauds, Statute of — Pleading as Defense — Waiver. Where the statute of frauds was not pleaded as a defense nor raised in any other manner on the trial, it was waived, when the complaint fully disclosed the basis of plaintiffs claim.</p> <p>Frauds, Statute of — Delivery of Goods. Where one lumber company, not having on hand the class of lumber desired by a customer, ordered same from another company and the latter billed the lumber to the first company, but delivered it to the customer, the transaction is equivalent to a delivery to the company ordering the lumber, and hence not within the statute of frauds requiring a signed memorandum of sales of goods except where no delivery is made.</p> <p>Sales — Parties. Where a lumber company ordered a bill of lumber from another company to supply the former’s customer, and the lumber was delivered direct to the customer on the customer’s assurance that he would “stand good for it,” but the bill was made out to the purchasing company, and the customer was, by the seller, merely requested “to protect” it, the transaction shows that the seller regarded the first company as the purchaser and primarily liable for the debt.</p> <p>Frauds, Statute of — Promise to Pay Debt of Another. The verbal promise of a purchaser of lumber from the F. Company, made to the J. Company which was supplying the lumber to the F. Company so as to enable the F. Company to fill the order, to the effect that the purchaser would see that it “got its money,” or would “stand good for it,” is a promise to answer for the debt of another, and void under the statute of frauds, if not in writing.</p> <p>Assignments — -Action—Defenses—Payment to Another. In an assignee’s action for the price of lumber sold by the assignor to defendant, it is no defense that defendant had orally promised to protect a third party who had supplied the lumber to plaintiffs assignor, and had paid such third party therefor, where such promise was void under the statute of frauds, a