Thos. McFarland Lumber Co. v. Selby

Citations

• 129 Miss. 894
• 93 So. 434

Syllabus

<p>1. Frauds, Statute or. Oral promise to pay debt to creditor of another not within statute.</p> <p>Where a firm was about to bring attachment proceedings to enforce a lien claimed upon lumber, and where a buyer from such debtor of the person about to attach agrees that, if said party will forego the attachment and let the lumber be shipped to the- promisor, it will pay the amount claimed by the promisee, and where, relying on such promise, the lumber is shipped, the promise is not within the statute of frauds, requiring promise to answer for debt of another to be in writing. Delta Lumber Co. v. Wall, 119 Miss. 350, 80 So. 782, and Lee v. Newman, 55 Miss. 3G5, cited.</p> <p>2. Principad and Agent. Principal held bound by agenfs agreement to pay for lumber on abandonment of attachment.</p> <p>Where an agent had general charge of the principal’s business in this state in buying, grading, measuring, and loading lumber, and makes a trade with a firm for lumber, and such lumber is about to be attached by the creditor of the firm selling, and where, to avoid delay in the shipment and to avoid litigation, such agent agrees with the claimant about to attach that, if they will abandon the attachment and let the lumber be shipped, his principal will pay said claim, and where the lumber is shipped to, and used by, the principal after such agreement he will be liable on such promise.</p>