36 Ala. 596 | Ala. | 1860
The contract- in this case was not within the statute of frauds, because there was no undertaking to answer for the debt or default of another. It is not pretended that the estate was liable for the goods sold ; and a promise cannot be collateral, unless there be some one who owes the debt directly. — Sanford v. Howard, 29 Ala. 691; 2 Pars. Contr. 301. It is well settled, that where one assumes to act as agent for another, without having authority for that purpose, he will be personally responsible to the person with whom he deals— Story on Ag. § 264; Lazarus v. Shearer, 2 Ala. 725; Howard v. Humes, 9 Ala. 661. It is said, however,-that this principle has no application to this case, for the reason that the defendant did no act which could have led the plain
Judgment affirmed.