73 Iowa 429 | Iowa | 1887
The fact appears to be that Annis Mitchell brought an action to establish a boundary line, and made defendants, not only this plaintiff, Allen Wilson, but the deceased, Ezra Perry, and one other person. Erom the judgment establishing the boundary, the defendant, Allen Wilson, (present plaintiff,) appealed. The evidence, we think, tends to show that Perry also felt aggrieved by the judgment, and desired that an appeal should be taken, and told Wilson that he would pay one-half of the cost of the appeal. His promise to pay, however, was a mere verbal promise, and the defendants insist that it was merely a promise to pay the debt of another, and was therefore within the statute of frauds. But, in our opinion, the promise was made by the
In our opinion the claim was properly allowed.
Affirmed.