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Johnson v. Cunningham

Citations

  • 99 Kan. 466

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Oral Promise — To Pay Debt of Another — Forbearance of Creditor— Good Consideration for Promise — Statute of Frauds. A promise to pay an existing note and mortgage executed by another, made to sub- ■ serve the purpose and protect the interest of the promisor who had . become the owner of the mortgaged land, the consideration for the promise being the forbearance of the creditor to whom the promise was made in bringing a foreclosure proceeding, constitutes an original undertaking of the promisor and is valid though not in writing.</p>

Judges: Dawson, Johnston

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