Postal Telegraph & Cable Co. v. Friedhof

Citations

• 127 Miss. 498
• 90 So. 182

Syllabus

<p>1. Frauds, Statute of. Written memorandum to answer debt, of another, signed with initials not showing by whom or to whom payable, held within statute.</p> <p>Under the first section of the statute of frauds (section 4775, Code of 1906; section 3119, Hemingway’s Code), which provides, among other things, that a promise to answer the debt, default, or miscarriage of another shall be in writing, signed by the party sought to be charged, a written memorandum signed alone with the initials of the manager of the party sought to be charged, which shows the amount of money due, but fails to show by whom and to whom the same is payable, is within the statute, and such a writing imposes no obligation on such party sought to be charged.</p> <p>2. Principal and Agent. Pact of agency and scope of authority cannot be shown by agent’s declarations.</p> <p>Neither the fact of agency nor the scope and authority of the agent can be shown by the declarations of the alleged agent made out of . court.</p>