Skinker v. Armstrong

Citations

• 86 Va. 1011
• 11 S.E. 977
• 1890 Va. LEXIS 80

Syllabus

<p>1. Practice at Common Law—Pleading—Proof.—Whether or not promise to payanother’s debt is in writing, according to Code, sec. 2840, cl. 4, is matter of evidence, and need not be stated in the declaration.</p> <p>2. Parol Promise—Another’s debt.—Said clause 4 does not apply to promise to pay another’s debt which is founded on a new consideration.</p> <p>3. Idem—Case at bar.—Two joint debtors, A. and B., secured the debt on land. A. paid more than his share. B.’s land was sold, purchaser agreeing to pay stated sum, plus the excess paid by A. But failing to do so, A. brought assumpsit. Held, the action was maintainable.</p>