Pressentin v. Hawkeye Timber Co.

Citations

• 77 Wash. 388
• 137 P. 999
• 1914 Wash. LEXIS 910

Syllabus

<p>' Frauds, Statute oe — Agreement to Pay Debt, oe Another — Direct or Collateral Promise — Evidence—Sufficiency. A promise is shown to be a collateral one, and within the statute of frauds, Rem. & Bal. Code, § 5289, relating to a special promise to answer for the debt of another, where it appears that plaintiff, on selling and delivering certain goods delivered to one N, to whom the promise was made, could not give a clear and consistent statement of the transaction, testifying that defendant told him to deliver the goods to N, and “the account would be taken care of;” to “go ahead and sell and we will see you get the money;” and “that is all he said, for me to furnish N the stuff and they would pay the bill,” and that they would “take care of the account;” especially where the parties, in their correspondence, treated it as N’s account; since every statement except the third is clearly collateral.</p>