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ABRAHAM v. H. V. MIDDLETON, INC.

Nos. 6164, 6165.

279 F.2d 107 (1960)

Mike ABRAHAM, Oscar Abraham and J. R. Abraham, Appellants, v. H. V. MIDDLETON, INC., Appellee. J. R. ABRAHAM, Appellant, v. NEW MEXICO AND ARIZONA LAND COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

April 25, 1960.

Attorney(s) appearing for the Case

Russell Moore, Albuquerque, N. M. (W. A. Keleher and A. H. McLeod, Albuquerque, N. M., were with him on brief), for appellant.

William C. Briggs and Jackson G. Akin, Albuquerque, N. M., for appellee, H. V. Middleton, Inc.

Daniel A. Sisk, Albuquerque, N. M. (of Modrall, Seymour, Sperling, Roehl & Harris, Albuquerque, N. M., was with him on brief), for appellee, New Mexico and Arizona Land Co.

Before MURRAH, Chief Judge, and BRATTON and LEWIS, Circuit Judges.

MURRAH, Chief Judge.

This is an appeal from a judgment of the District Court of New Mexico in a diversity suit by appellee upon an oral promise to pay for the drilling of an oil well. Appellants' principal contention in the trial court and here is that their oral promise was within the Statute of Frauds as a promise to pay the debt of another. The question is presented on the following facts found by the trial court, which though formally disputed in part by appellants...

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