Opinion by
§ 307. Statute of frauds; promise to anstver for the debt, etc., of another. This suit was instituted by appellee against appellant in the justice court on a sworn account for $120.40. A sworn denial of the justness of the account was filed, and on the trial appellant recovered a judgment for his costs. Appellant prosecuted an appeal to the county court, and there recovered a judgment of $12. From this judgment appellant brings the case by appeal to this court. The account constituting the basis of the suit is for goods sold by appellee to one W. C. King; It is sought to hold the appellant liable for the debt sued for on an alleged verbal promise to pay the same for King. Appellant contends that he did not promise to pay the debt either verbally or in writing, and, if he did, it was a conditional verbal promise; that the condition upon which he was to be liable did not occur; and that the promise was in contravention of the statute of frauds, and therefore he could not be held responsible. King was not a party in any way to this agreement, and was never consulted about it, so far as the record discloses. This evidence shows that the account began October 29, 1887, and terminated February 24, 1888. The statement of facts, omitting the caption and formal parts, and th©
Reversed and remanded.