Antonio Altimari, Inc. v. Hochberg

This action was brought by the plaintiff corporation against the defendants to recover the balance due on a contract for certain work, labor and services. At the conclusion of the trial, on motion of the plaintiff, a second cause of action was pleaded alleging a guarantee by the defendants to pay for certain work to be performed by plaintiff. The defense of Statute of Frauds was interposed. The masonry work agreed upon was to be completed by the plaintiff for an agreed price of $40,500. In addition, certain extras were performed and billed at their fair and reasonable value, which together…