ROSS v. W. P. STEPHENS LUMBER CO.

52178.

138 Ga. App. 748 (1976)

227 S.E.2d 486

ROSS v. W. P. STEPHENS LUMBER COMPANY.

Court of Appeals of Georgia.

Decided May 21, 1976.


Attorney(s) appearing for the Case

Brackett, Arnall & Stephens, H. A. Stephens, Jr., for appellant.

Charles W. Field, for appellee.


DEEN, Presiding Judge.

There are several enumerations of error all going to the statute of frauds defense. Code § 20-401 (2) requires that a promise to answer for the debt, default, or miscarriage of another be in writing. The promise which must be in writing is collateral, resulting in the second promiser becoming bound along with the original promiser; there is no need for writing if a new promiser, for valuable consideration, substitutes himself as...

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