Otis v. Haseltine

Citations

• 27 Cal. 80

Syllabus

<p>Specific Contract Act.—The Act of eighteen hundred and sixty-three, commonly called the “ Specific Contract Act,” applies to contracts made before as well as after its passage.</p> <p>Statute of Frauds.—An indorsement made by a third person on a contract entered into between two parties, and made simultaneously with the contract, by which the indorser, without expressing any consideration received, agrees that the undertaking of one of the contracting parties shall be fulfilled, is an original and not a collateral promise of the indorser to answer for the debt of another, and not within the Statute of Frauds.</p> <p>Same.—By such act the indorser makes the contract his own, and the consideration therein expressed becomes the consideration of his promise.</p>