Lussier v. Stevens

This case presents the question of whether defendant’s oral promise to pay one-half of a judgment against plaintiff is unenforceable because it is subject to the statute of frauds, 12 V.S.A. § 181(2) (“promise to answer for the debt, default or misdoings of another”).1 We hold under the facts here that the statute does not apply and affirm.

*363Plaintiff Lussier was awarded judgment for $16,500 against defendant Stevens in a trial by court. This sum represents one-half of a settlement of a judgment rendered earlier against Lussier in favor of Eccomunity, Inc., a grantor of real estate, following a…