Van Leuven v. Holmes

Citations

• 13 Pa. Super. 77
• 1900 Pa. Super. LEXIS 113

Syllabus

<p>Parol promise to pay debt of another — Statute of frauds — Act of April 26, 1855, P. L. 308.</p> <p>Whenever the defendant’s promise is in effect to pay his own debt, though that of a third person be incidentally guaranteed, it is not necessary under the statute of frauds, that it should be in writing. Crawford v. Pyle, 190 Pa. 263, and Bailey v. Marshall, 174 Pa. 602, cited and approved.</p> <p>A verbal promise by an owner to pay the workmen employed by his general contractor for the erection of a building made before the performance of the work, is not a guarantee to pay the debt of another; the promise makes it his own debt, and it is not within the statute.</p>