Kelly v. Baun

Citations

• 6 Pa. Super. 327
• 1898 Pa. Super. LEXIS 156

Syllabus

<p>Contract — Statute of frauds — Original undertaking.</p> <p>Where the paramount purpose moving a promisor in' making a promise was to subserve his own interests, it becomes an original undertaking and is not within the statute of frauds,' although the promise incidentally includes the payment of the debt of another.</p> <p>Where plaintiff and defendant were creditors of B., and plaintiff -bid in certain goods at a sheriff’s sale of B.’s business which was purchased by defendant, a promise by defendant that in consideration of a transfer of plaintiff’s bid that he, the defendant, would pay B.’s debt- to plaintiff, because he could not run the place without the goods purchased by plaintiff, such promise although in form an assumption of B.’s debt is what is termed an original undertaking and is not within the statute.</p>