Lewis v. Lewis Lumber Mfg. Co.

Citations

• 156 Pa. 217
• 27 A. 20
• 1893 Pa. LEXIS 1331

Syllabus

<p>Statute of frauds — Guaranty—Collateral undertaking.</p> <p>Plaintiff was employed by a contractor to cut timber. He was to receive a certain amount per day, and his board. After he had been working for some time, he said to an agent of defendants, who were owners of the land, that he was afraid he would not be paid for his work. The agent then said to him: “Keep on to work just as you have been; we will see you paid.” He kept on at w ork, and settled with the contractor, who gave him an order on defendants for his wages, and was paid upon it the balance in defendants’ hands due to the contractor. Plaintiff then sued defendants for the balance due. Held, that the agreement of defendant’s agent was a collateral undertaking, within the statute of frauds, upon which there could be no recovery.</p>