M. J. Pirolli & Sons, Inc. v. Mass. Equipment & Supply Corp.

1. The only question raised by the appeal is whether the plaintiff, a supplier of building materials, is barred by the provisions of G. L. c. 259, § 1, Second, from recovering from the defendant, the owner of and general contractor on a construction project, on the defendant’s oral promise concerning payment for various materials which the plaintiff had delivered to the original masonry subcontractor on the project prior to the latter’s insolvency and replacement by another subcontractor. None of the materials in question had been delivered to, at the request of, or on the credit of the…