Paul and Russell v. Levitties

Opinion by

Cunningham, J.,

Plaintiffs brought suit in the Municipal Court upon defendant’s alleged verbal promise to pay them for certain pieces of cut stone used in a building erected by defendant in the City of Philadelphia. Both parties agreed that the case should be tried by a judge without a jury; the trial judge found in favor of the plaintiffs in the sum of $285, with interest, and defendant has appealed.

The case turned upon two questions: First, whether the agreement sued upon was in fact made; and, second, if made, was it a promise to “answer for the debt or default of another,” and…