Taylor v. Harrington

This is an action of contract to recover for building material in value exceeding $500, alleged to have been sold and delivered to the defendant, and also a notarial fee for a protested check. Authorized by the pleadings the defendant contends that, on the plaintiffs’ evidence, if an agreement was made between them and the defendant it was an agreement to answer for the debt, default or misdoing of another, and, not being in writing, is unenforceable. R. L. c. 74, § 1 (now G. L. c. 259, § 1).

The evidence warranted a finding that the plaintiffs knew the defendant intimately when the alleged…