Wallace v. Thomas Freeman & Co.

Citations

• 25 Tex. 91

Syllabus

<p>Where H. & R. purchased goods of F., which they put into their stock in trade, and afterwards W. took the place of R. in the firm, and the new firm agreed to pay the debt to F., which promise F. accepted and released R., W. could not plead the statute of frauds, that his promise was not in writing.</p> <p>The new promise was an original undertaking. (Paschal’s Dig., Art. 3875.)</p> <p>[Note.—For the authorities on this Article, see Paschal’s Dig., Note 903.]</p>