(DOWNLOAD) "Gulf Liquid Fertilizer Company D/B/A Western Chemicals v. James Titus" by Court of Criminal Appeals of Texas # Book PDF Kindle ePub Free
eBook details
- Title: Gulf Liquid Fertilizer Company D/B/A Western Chemicals v. James Titus
- Author : Court of Criminal Appeals of Texas
- Release Date : January 28, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
The Statute of Frauds states, among other things, that no action shall be brought in any court to charge any person upon a promise to answer for the debt, default, or miscarriage of another unless the promise be in writing. In this case, James Titus was sued by Gulf Liquid Fertilizer Company for merchandise which he purchased for the "Titus & Stracner Farm", a partnership, and also on his oral promise to pay a pre-existing debt of his partner, Lonzo Stracner. Lonzo Stracner was also sued, but he filed no answer and did not appear. The trial court, sitting without a jury, rendered judgment against Titus and Stracner, jointly and severally, for the merchandise Titus had purchased and also for the debt of Stracner. Titus alone appealed. The El Paso Court of Civil Appeals, in effect, reversed and rendered that judgment as to Titus on the Statute of Frauds point. It held that Tituss oral promise to pay the debt of his partner Stracner was unenforceable under the Statute of Frauds, and that the payments on the Stracner note out of the funds of the Titus and Stracner partnership were invalid. 345 S.W.2d 422.