Collier Bridge Co. v. Lippert

Citations

• 22 Ohio C.C. Dec. 651

Syllabus

<p>PAYMENT — STATUTE OF FRAUDS.</p> <p>1. Payment of Laborer’s Time Checks, Pursuant to Promise of Principal Contractor, m Made from Funds Due Sub-contractor.</p> <p>A promise by a principal contractor to pay the time checks issued to the laborers employed by a sub-contractor must be interpreted only as a promise to pay such checks in the event there is something due the sub-contractor.</p> <p>2. Promise to Pay Sub-contractor’s Time Checks not Within Statute of Frauds.</p> <p>Where there is enough money due sub-contractor to meet the laborer’s time checks presented, the promise of principal contractor to take them up is not a promise to answer for the debt of another, but to pay to a third party a debt due from him to the sub-contractor, and is therefore not within the statute of frauds.</p> <p>[Syllabus approved by the court.]</p>