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BOOTHE v. BENNETT

436 P.2d 746 (1968)

Ferris F. BOOTHE, Appellant, v. E. Lee BENNETT, Defendant, and Jack M. Noce, Respondent.

Supreme Court of Oregon, Department 2.

Decided January 24, 1968.

Attorney(s) appearing for the Case

Glen McCarty, Portland, argued the cause and filed a brief for appellant.

Gerald J. Meindl, Portland, argued the cause and filed a brief for respondent.

Before PERRY, C.J., and McALLISTER, SLOAN, GOODWIN and HOLMAN, JJ.

GOODWIN, Justice.

This appeal involves the application of ORS 41.530, which provides in substance that no evidence, except in writing, is admissible to charge a person upon a representation as to the credit, skill, or character of a third person.

In March, 1964, the defendant Bennett asked the plaintiff to guarantee a bank loan to Bennett in the amount of $10,000. The previous November, Bennett had borrowed $5,800 from the defendant Noce, who was his accountant...

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