S & S Builders, Inc. v. Di Mondi

Bramhall, J.:

The questions raised by this appeal relate to a suit brought by a materialman against a general contractor by reason of an alleged verbal guaranty on the part of the general contractor to pay the indebtedness of the subcontractor to the materialman. The trial court gave judgment for the materialman and the general contractor appeals. He asserts that the lower court was in error, first, in refusing a motion for summary judgment based on the statute of frauds; second, in holding that the evidence showed a guaranty; and third, in holding that the guaranty, if any, was not discharged…