Stouffer v. Jackson

Citations

• 42 Pa. Super. 450
• 1910 Pa. Super. LEXIS 350

Syllabus

<p>Statute of frauds — Promise to pay the debt of another — Evidence.</p> <p>1. An oral promise made by the owner of a building under construction to a material man to pay for material furnished in case the contractor made default in such payment, is void under the statute of frauds.</p> <p>2. The evidence to prove a promise by one person to pay the debt of another as a new and original undertaking, and not a contract of suretyship, must be clear, precise and indubitable.</p> <p>3. An owner of a building under construction cannot be held liable to a material man for material furnished where the evidence shows that the p'arties only contemplated that the owner would endeavor to pay the material man out of such sums of money as he might owe the contractor in case the latter completed the building in accordance with the contract.</p>