May v. Walker

Citations

• 20 Pa. Super. 581
• 1902 Pa. Super. LEXIS 280

Syllabus

<p>Statute of frauds — Promise to pay debt of another — Guaranty.</p> <p>As a general rule when the leading object of the promise or agreement is to become guarantor or surety to the promisee for a debt for which a third party is and continues to be primarily liable, the agreement, whether made before or after or at the time with the promise of the principal is within the statute, and not binding, unless evidenced by writing. Ou the other hand, when the leading object of the promisor is to subserve some interest or purpose of his own, notwithstanding the effect is to pay or discharge the debt of another, his promise is not within the statute.</p> <p>Where a contractor fora building introduces a subcontractor to a material man, and requests the latter to furnish material to the subcontractor for use in the building, and the material man agrees to do so only after the contractor has promised to “ stand good ” for the material, the parol promise to “ stand good ” for the material is not within the statute of frauds, and may be enforced against the contractor.</p>