Eilertsen v. WEBER

This is an action at law to recover in quantum meruit for work and labor performed. The plaintiff prevailed and the defendants appeal.

The defendants assign as error the trial court’s refusal to grant their motion for a directed verdict, their contention being that the oral promise of the de fendant Yernon F. Weber to pay the sum recovered is a promise to answer for the debt, default or miscarriage of another and is within § 2-909, subsection 2, OCLA (statute of frauds) and therefore all oral evidence of the promise is incompetent; on the further ground that there was a complete failure of…