Roy v. Flin

Citations

• 10 Ariz. 80
• 85 P. 725
• 1906 Ariz. LEXIS 102

Syllabus

<p>1. Appeal and Error — Motion for Judgment — Not Considered on Appeal Unless Presented to Trial Court in Motion for New Trial. : — An assignment of error that the trial court erred in denying appellant’s motion for judgment at the conclusion of appellee’s ease, cannot be considered on appeal where the ruling complained of was not presented to the trial court for review in the motion for a new trial.</p> <p>2. Appeal and Error — Assignment of Error — Defective.—An assignment of error that the evidence does not support the findings or judgment, is defective in not specifying in what particular or particulars the evidence fails to support the findings or judgment.</p> <p>3. Statute of EraudS' — Contract—Promise to Pay Debt of Another —Independent Agreement. — Where a contractor for whom plaintiffs were sureties abandoned his contract, thereby releasing plaintiff, a subcontractor, from carrying out his contract, and defendants, in order to induce plaintiff to complete the same, orally promised to assume the payment of the amount due from the contractor to plaintiff, such promise by defendant was based on an independent agreement, founded on a good consideration moving from plaintiff, and was not within the statute of frauds.</p>