CANDLER, Justice.
(After stating the foregoing facts.) The plaintiff in error, Great American Indemnity Company, insists that there is only one question to be determined — whether or not the petition as amended is sufficient to set out a cause of action against it, in view of the demurrers urging the invalidity of the bond because of the provisions of the statute of frauds that a promise to answer for the default or miscarriage of another must be in writing...
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