[DOWNLOAD] "Freeman v. Wilson" by Arizona Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Freeman v. Wilson
- Author : Arizona Supreme Court
- Release Date : January 18, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
This is an appeal from a judgment in the Superior Court of Maricopa County in favor of defendant-appellee, W. Francis Wilson, in an action brought by plaintiff-appellant, Mrs. Edith I. Freeman, individually and as executrix of the estate of Willis E. Freeman, to recover: (1) $6,938.06, with interest, costs incurred, plus reasonable attorneys fees based on two promissory notes executed by defendant in March, and June, 1958; and (2) money owed the Freemans arising from an alleged oral agreement entered into between defendant and the Freemans in April, 1959. Suit was commenced on September 9, 1966. The action, tried before the court without a jury, resulted in a verdict in favor of defendant, Wilson. The basis for this judgment was the trial judges determination that action on the promissory notes was barred by the six-year limitations period for debts evidenced by or founded on a contract in writing. The court held that acknowledgments, in the form of letters written by Mr. Wilson after the statute of limitations had run, were legally insufficient to revive action on the notes and start the period running anew. Relative to the purported oral agreement no specific finding was made. The trial judges reference to the oral agreement does indicate, however, that he believed it to be unenforceable by virtue of the statute of frauds provision (A.R.S. § 44-101, subsection 2) requiring a writing signed by the party to be charged where the agreement is based upon a promise to answer for the debt, default or miscarriage of another.