Wilson Floors Co. v. Sciota Park, Ltd.

The central issue in this cause is whether the bank’s oral promise to Wilson that payments would be-forthcoming upon a resumption of work at The Cliffs project constituted an enforceable oral contract.

R. C. 1335.05 provides:

“No action shall be brought whereby to charge the defendant, upon a special promise, to answer for the debt, default, or miscarriage of another person * * * unless the agreement upon which such action is brought, or some memorandum or note thereof, is in writing and signed by the. party to be charged therewith or some other person thereunto by him or her lawfully…