Wolverton v. Davis

Citations

• 85 Va. 64
• 6 S.E. 619
• 1888 Va. LEXIS 12

Syllabus

<p>1. Parol Contracts&emdash;Default of another'■&emdash;Sureties.&emdash;Under § 1, ch. 140, Code 1873, “a promise to answer for a debt, default, or misdoings of another,” must be in writing in order to be enforceable by action.</p> <p>2. Idem&emdash;Official bond&emdash;Defaults&emdash;Case at bar.&emdash;A sheriff executed 'his official bond with two sureties, the former of whom was induced to become such surety by the parol promise of the latter that he would indemnify him against any loss resulting from his suretyship. The promisee had to pay a sum of money by reason of the suretyship. Thereupon he sued the promisor to recover said sum. The latter, in his defence, set up the first section of the statute of parol contracts ;</p> <p>Held :</p> <p>No action lies on said parol promise, and promisee can recover of his promisor only his aliquot part, as co-surety, of the loss by default of their principal.</p>