v.
STAPLETON COMPANY
The plaintiff in the court below sued out an attachment against the defendant, and subsequently filed his declaration alleging, in substance, that the defendant was indebted to the plaintiff in the sum of $184.44 principal, on an account; that the account was due and unpaid; that the items of the account were the amounts of separate accounts against certain alleged individuals, who were employees of the defendant and to whom' the defendant was indebted for wages; that the defendant agreed and promised, in consideration of the plaintiff’s promise to pay to the[*165] defendant an account which defendant held against one Bob Simmons, amounting to the sum of $105, to pay to the plaintiff the several accounts referred to, which were due to the plaintiff from ¿the said employees of the defendant; and that the plaintiff fully executed and performed its promise, to defendant by allowing defendant credit on the accounts of the said employees, which the defendant had agreed to pay, “and that said credit was accepted by the defendant,” the original debtors agreeing thereto. The defendant demurred to the declaration, on the ground that the “account does not appear to be the debt of W. A. Johnson, but appears to be the debt of others, and there does not appear from the declaration to be any writing signed by this defendant to pay said debts;” and that the obligation, as set out and relied upon to support the action, was within the statute of frauds, and that plaintiff could not recover, as the promise on the part of the defendant was not in writing, but rested in parol.
Judgment affirmed.