Putnam Machine Co. v. Cann

Citations

• 173 Pa. 392
• 34 A. 67
• 1896 Pa. LEXIS 715

Syllabus

<p>Contract — Statute of frauds — Agreement to answer for debt of another— Act of Aprils, 1855.</p> <p>In an action by a corporation against a partnership to recover for goods sold to another corporation, plaintiff in its statement averred that “the defendants promised and agreed that the plaintiff should have its account for the goods that were to be sold to the Penn Elevator Engineering Company under said contract guaranteed ” by the said defendants and that they, the said defendants, would ship on demand to the plaintiff goods to the amount guaranteed, and thus protect plaintiff from any loss which it might suffer by reason of the insolvency or failure by the said Penn Engineering Elevator Company; and that the goods for which suit is brought were sold to said company under said agreement, and that said company is insolvent. Held, that the contract as laid in the statement was virtually an agreement to answer for the debt or default of another, and not being in writing, it came within the letter as well as the spirit of the act of April 26, 1855, P. L. 309, and was void.</p>