Cohen v. Imperial

This is an action of contract to recover $398.95 for goods sold and delivered, i.e. two Remington Air Conditioners and one Olympic clock radio. The defendant’s answer was a general denial, an allegation of payment *54and a further allegation that if the action was based on the promise to pay the debt of another the promise was not in writing and is therefore unenforceable under the statute of frauds.

The only witness at the trial was the plaintiff. His testimony is summarized in the judge’s special findings hereinafter contained. At the conclusion of the evidence the defendant presented five…