Pace v. Springer

Citations

• 23 N.M. 586
• 170 P. 879

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. One may avoid the obligation of a parol agreement by reason of the statute of frauds (where the petition fails to show whether it is in writing or not) by setting up the statute by some proper pleading, or he may claim the benefit of the statute under a general denial. P. 589</p> <p>• 2. An original promise, without the statute of frauds, is one in which the direct and leading object of the promisor is to further or promote some purpose or interest of his own, although the incidental effect may be the payment of the debt of another. P. 591</p>