58 Mo. App. 138 | Mo. Ct. App. | 1894
This action is based on an account for professional services alleged to have been rendered
The point is made by the father that this agreement, if any was made by him, was a promise to pay the debt of another and not being in writing was void by the statute of frauds. The reply to this is that whatever evidence there is to establish an agreement, establishes a joint original employment of plaintiffs by defendants. In such case the statute has no application since the promise is an original undertaking, whereby the debt has become, not the debt of another, but the defendant’s own debt.
The further point is made that there is no evidence to sustain the verdict against the father as to his being a party to the original employment. It is sufficient reply to this to say that an examination of the testimony has fully satisfied us of the sufficiency of the evidence. There is not much room for more than one •conclusion on this branch of the case.
The further point is-made that the contract of •employment was the hiring of assistance in the compounding of a felony and that, therefore, no recovery .should be allowed thereon; as to permit the enforcement of the contract would contravene the public policy of the state. The contract of employment, as •declared upon in plaintiffs’ petition, was merely for
¥e are satisfied that the verdict was for the right. party, and we affirm the judgment.