Gerlach v. Terry

Hayne, C.,

concurring.—I concur on the ground that

while the valuable services received by the deceased constituted sufficient consideration to support the subsequent promise to pay which I think the evidence shows was made, yet the terms of such promise seem to me to bring it within the statute of frauds, as being a promise to pay the debt of another.

The Court.— For the reasons given in the foregoing

opinion, the judgment and order are affirmed.