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329 Mass. 481

Schultz v. Frary

Massachusetts Supreme Judicial Court

Decided November 26, 1952

Massachusetts Supreme Judicial Court · decided 1952-11-26

Cited by 1 later decisions — most recently April 1974

1 state decisions

Relies on Hoffman v. Charlestown Five Cents Savings Bank · Colpitts v. L. C. Fisher Co. · Irving Tanning Co. v. Shir

Good law ✅— No negative treatment on recordhow we know

Decided 1952-11-26

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Lummus, J.

¶1This is an action of contract to recover the price of a boiler, with charges for its installation, which the plaintiff furnished to a corporation called Twentieth Century Cleansers & Dyers, Inc., upon the promise of the defendant *482to pay. The answer was a general denial. The testimony of the plaintiff was that after he had refused to do the job on the credit of the corporation, the defendant told him that the contract would be between him and the plaintiff, and that the defendant would pay the plaintiff.

¶2At the conclusion of the evidence, the judge directed a verdict for the defendant, and the plaintiff excepted. The evidence warranted a finding that the plaintiff gave credit to the defendant and not to the corporation at all. Colpitts v. L. C. Fisher Co. 289 Mass. 232. Seder v. Kozlowski, 304 Mass. 367, 370. Irving Tanning Co. v. Shir, 295 Mass. 380, 383. Besides, the defendant did not set up the provision of the statute of frauds, requiring a memorandum in writing to hold one for the debt of another. G. L. (Ter. Ed.) c. 259, § 1, Second. Cahill v. Bigelow, 18 Pick. 369, 372. Hoffman v. Charlestown Five Cents Savings Bank, 231 Mass. 324, 329.

¶3We think that the direction of a verdict for the defendant was erroneous.

¶4Exceptions sustained.

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