Morris v. Brown

Citations

• 67 Wash. 351
• 121 P. 828
• 1912 Wash. LEXIS 1180

Syllabus

<p>Frauds, Statute of — Promise to Pay Debt of Another — Original Undertaking. Where a contractor for dwellings sublet the plumbing, and failed to pay for the work, the owner’s oral promise to the plumber to pay him, if he would not file a lien against the premises, is an original undertaking, and not a promise to answer for the debt or default of another within the statute of frauds.</p> <p>Same — Original Undertaking — Consideration—Sufficiency. An agreement not to file a mechanics’ lien against property is a sufficient consideration for the oral promise of the owner to pay for the work, so as to make the promise an original undertaking and not within the statute of frauds, and it is immaterial that the right to file the lien could have been contested for failure to comply with the statute relating to duplicate statements of the material furnished.</p> <p>Appeal — Record—Transcript—Supplemental Transcript — Jurisdiction — Time for Taking Appeal — Motion for New Trial. Where the original transcript failed to show the filing .marks below that would make the appeal within time to give jurisdiction, it may be shown by a supplemental transcript that the time for taking an appeal was suspended by the pendency of a motion for a new trial seasonably made, and time for taking an appeal would run from the denial of the motion, and not the date of the judgment.</p>