53 Pa. 151 | Pa. | 1865
The opinion of the court was delivered, by
The jury in this case have found that the plaintiff below did or caused to be done, the work claimed for, at the special instance and request of the defendant, and upon his express promise to pay for iti This was just what was submitted for inquiry by the learned judge. There is now, therefore, no dispute about the performance of the labor, or the promise to pay for it. But it was argued in substance for the plaintiff in error, that although this was so, yet he ought not to be compelled by law to'perform his promise, because the public exigencies were such that it was the plaintiff’s duty to perform the labor gratuitously. Circumstances might exist in which public authority
The Statute of Frauds and Perjuries has no bearing on the case. The promise was not to answer for the debt or default of another. No other had previously undertaken to pay, and it is only in such a case that a writing is required by the statute. This was an original independent undertaldng by the defendant on his own account, and a writing was not needed to render it valid.
Judgment affirmed.