Bonneville Equipment Co. v. Tuttle

The principal issue on appeal is the application of that part of the statute of frauds concerning an agreement to answer for the debt of another. OPS 41.580. The issue is raised by the trial court’s instructions and its failure to give a requested instruction.

In August, 1964, plaintiff Bonneville Equipment Co., Inc., sold a log truck and loader on a conditional sales contract to one McKinley. In September, 1964, McKinley delivered the truck to defendant Tuttle, a mechanic, for repair. Before the repairs were started, McKinley and Tuttle together talked by telephone to the president of…