Wiglesworth

This is an appeal by the defendant from a judgment against him upon his alleged contract that if the plaintiff would employ a certain company known as the Interstate Vaccine Company to vaccinate the plaintiff’s hogs with anti-cholera serum, the defendant would personally warrant or guarantee that such vaccination would render the hogs immune from cholera, and he would pay for any hog vaccinated which subsequently died of that disease. The trial court found that a contract of the character stated was made; that the plaintiff in reliance upon it employed the Interstate Vaccine Company to vaccinate its hogs; that its hogs were so vaccinated; that a number thereafter died of cholera, and that the net loss to the plaintiff by the death of the hogs was $5,637.20, for which judgment was given the plaintiff. There are but two questions presented by the appeal: First, is the finding that there was a contract supported by the evidence? and, second, was the promise of the defendant upon which the claim of contract is based, and which admittedly was oral only, one which had to be in writing under the statute of frauds?

As to the first question, the sufficiency of the evidence to sustain the…