124 Ind. 223 | Ind. | 1890
The questions which require consideration arise on the special verdict. The facts contained in the special verdict, so far as they relate to the issue joined between the appellant and the appellee Thrift, are, in substance, these: In April, 1883, John M. Bateman, his wife, Sarah A. Bateman, and his son, Aden Bateman, lived upon a parcel of land containing about three acres near the town of [North Salem, in Hendricks county, belonging to Lindley L. Thrift. There was a flouring mill on the land, and the entire property was purchased by John M. Bateman. The consideration which John M. Bateman agreed to pay was one thousand dollars, part of
We have no doubt that the court did right in giving the appellee Thrift a judgment.
In assuming to pay the note given by her son, Mrs. Bate-man simply agreed to pay so much of the purchase-money as equalled in amount the note executed by her son. It has been decided over and over again that such a promise is not within the statute of frauds. McDill v. Gunn, 43 Ind. 315; Josselyn v. Edwards, 57 Ind. 212; Windell v. Hudson, 102 Ind. 521; Wolke v. Fleming, 103 Ind. 105; Turpie v. Lowe, 114 Ind. 37. A party who assumes and agrees to pay a debt of a third person as part payment of the consideration for property purchased by him, does no more than promise to pay his own debt.
Counsel for the appellant are entirely wrong in asserting that the special verdict finds facts outside of the issues, as the record very clearly shows.
•The verdict warranted a judgment in favor of Butler for the reason that it states, in addition to the facts we have mentioned, that John M. Bateman and Aden Bateman purchased of a firm of which Butler is the surviving partner, machinery for the mill as the agent of Sarah A. Bateman, and that the machinery was placed in the mill. If they did buy the machinery as her agent, then the appellee has a right to treat her as the purchaser.
The special verdict shows that a note was executed by John M. Bateman and Aden Bateman at the time the machinery was purchased, but it also explicitly states that the note was not accepted as payment. In the face of the explicit statement that the note was not received as payment it can not be presumed that it was taken in payment.
There are some facts stated which somewhat confuse the
As to the appellee Sowders there is not the slightest question. There was a separate verdict upon his claim, in which facts are stated which show that he was employed as agent by the appellant, and there can be no doubt that he was entitled to recover the reasonable value of his services.
Errors are assigned jointly against all of the appellees, and we have, perhaps, considered more questions than, in strictness, we should do; at all events we have considered all that we can with propriety examine.
Judgment affirmed.