Okla. Stat. tit. 15, § 15-325
This is the official text of Okla. Stat. tit. 15, § 15-325, part of Oklahoma’s Stat. tit. 15, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 15,." Browse the sections below, each linked to its official government source.
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When promise deemed original
Official statutory text
A promise to answer for the obligation of another, in any of the
following cases, is deemed an original obligation of the promisor,
and need not be in writing:
1. Where the promise is made by one who has received property
of another upon an undertaking to apply it pursuant to such promise;
or by one who has received a discharge from an obligation in whole
or in part, in consideration of such promise.
2. Where the creditor parts with value, or enters into an
obligation, in consideration of the obligation in respect to which
the promise is made, in terms or under circumstances such as to
render the party making the promise the principal debtor, and the
person in whose behalf it is made his surety.
3. Where the promise, being for an antecedent obligation of
another, is made upon the consideration that the party receiving it
Oklahoma Statutes - Title 15. Contracts Page 93
cancels the antecedent obligation, accepting the new promise as a
substitute therefor; or upon the consideration that the party
receiving it releases the property of another from a levy or his
person from imprisonment under an execution on a judgment obtained
upon the antecedent obligation; or upon a consideration beneficial
to the promisor, whether moving from either party to the antecedent
obligation, or from another person.
4. Where a factor undertakes, for a commission, to sell
merchandise and guaranty the sale.
5. Where the holder of an instrument for the payment of money,
upon which a third person is or may become liable to him, transfers
it in payment of a precedent debt of his, or for a new
consideration, and in connection with such transfer enters into a
promise respecting such instrument.
following cases, is deemed an original obligation of the promisor,
and need not be in writing:
1. Where the promise is made by one who has received property
of another upon an undertaking to apply it pursuant to such promise;
or by one who has received a discharge from an obligation in whole
or in part, in consideration of such promise.
2. Where the creditor parts with value, or enters into an
obligation, in consideration of the obligation in respect to which
the promise is made, in terms or under circumstances such as to
render the party making the promise the principal debtor, and the
person in whose behalf it is made his surety.
3. Where the promise, being for an antecedent obligation of
another, is made upon the consideration that the party receiving it
Oklahoma Statutes - Title 15. Contracts Page 93
cancels the antecedent obligation, accepting the new promise as a
substitute therefor; or upon the consideration that the party
receiving it releases the property of another from a levy or his
person from imprisonment under an execution on a judgment obtained
upon the antecedent obligation; or upon a consideration beneficial
to the promisor, whether moving from either party to the antecedent
obligation, or from another person.
4. Where a factor undertakes, for a commission, to sell
merchandise and guaranty the sale.
5. Where the holder of an instrument for the payment of money,
upon which a third person is or may become liable to him, transfers
it in payment of a precedent debt of his, or for a new
consideration, and in connection with such transfer enters into a
promise respecting such instrument.
Status: in_force · Read it on the official government site
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