Gilmore v. Skookum Box Factory

Citations

• 20 Wash. 703
• 56 P. 934
• 1899 Wash. LEXIS 225

Syllabus

<p>STATUTE OF FRAUDS-PROMISE TO PAY ANOTHER’S DEBT—IMPROPER JOINDER OF CAUSES OF ACTION.</p> <p>A verbal promise to pay the debt of another, as consideration for a transfer of property between promisor and promisee, even' though the original debt is not discharged by the new promise, does not fall within the statute of frauds, as such verbal promise constitutes merely an agreement of the promisor to pay his own debt.</p> <p>Under Bal. Code, § 4836. providing that persons severally liable upon the same promissory note may all. or any of them, be included in the same action, a complaint declaring against the maker of a note on his written undertaking, and also against another party on a verbal promise to pay the same note, is not demurrable on the ground of improperly uniting two causes of action.</p>