Goldie-Klenert Distributing Co. v. Bothwell

Citations

• 67 Wash. 264
• 121 P. 60
• 1912 Wash. LEXIS 1161

Syllabus

<p>Frauds, Statute of — Answering foe Debt of Another — Interest as Stockholder. A promise by a promoter and principal stockholder in a corporation, that if a creditor would forego its demand for immediate payment for goods sold to the corporation and would continue to sell and deliver goods to it, he would pay the same and become responsible therefor and would “indemnify and hold harmless” the seller for any loss on account of the extension of credit or sale of goods to it, is a promise to answer for the debt or default of another, within the statute of frauds, Rem. & Bal. Code, § 5289, and void when not in writing; and it is immaterial that he is directly interested as a stockholder.</p> <p>Same — Construction—Question foe Court. In such a case, the facts being admitted, the construction is one of law for the court.</p>