21 Ga. App. 157 | Ga. Ct. App. | 1917
The controlling question in this case is whether Kersey’s contract was an original undertaking or was a contract of suretyship, which, under the statute of frauds, must have been in writing to be enforceable. Civil Code, (1910), § 3222 (2). Upon this question the plaintiff’s representative testified: “My recollection is that W. M. Kersey said for me to let Taylor have the coffin and dress, and he would see that I got my money. . . I chm’ged the account to J. S. Taylor and W. M. Kersey, and I am loolcing to loth of them for the money [italics ours]. . . In a subsequent conversation between me and Kersey, in the presence of J. H. Hunter, Kersey said: U did not tell you I would pay for the goods, I told you I would see that you got your money.’” As to the negotiations at the time the credit was extended, Kersey testified: “I then stated that I would keep in behind J. S. Taylor and make him pay so much each month, and I would see that the McGowan Undertaking Company got its money.” The suit was against Taylor and Kersey jointly. Under this evidence the j'ury
Judgment reversed.
