Sherer v. Rubedew

Citations

• 11 Idaho 536
• 83 P. 512
• 1905 Ida. LEXIS 77

Syllabus

<p>Novation — Statute or Frauds.</p> <p>1. Where D. works for E. and on settlement therefor E. agrees-to pay O. and S., to whom D. is indebted, the debt thus assumed is the debt of E. and is not within the statute of frauds.</p> <p>2. In such case the indebtedness of E. to D. is liquidated by a payment to C. and S., and the effect of the agreement is a substitution of a different payee.</p> <p>3. Evidence examined and held sufficient to establish a novation and sustain the verdict and judgment.</p> <p>(Syllabus by the court.)</p>