Goodling v. Simon

Citations

• 54 Pa. Super. 125
• 1913 Pa. Super. LEXIS 24

Syllabus

<p>Statute of frauds — Debt of another — Promise not within the statute— Corporations — Promise by corporate officers.</p> <p>1. Whenever the main purpose and object of the promisor is, not to answer for another, but to subserve some pecuniary, or business purpose of his own, involving either a benefit to himself, or damages to the other contracting party, his promise is not within the statute of frauds, although it may be in form a provision to pay the debt of another, and although the result of it may incidentally have the effect Of extinguishing that liability.</p> <p>2. A promise by the president and treasurer of a corporation who are also stockholders and creditors of the corporation, to pay the debt of the company within a time stated if creditors would not further proceed against the corporation, is not within the statute of frauds.</p>