BIENER CONTR. CORP. v. ELBERON REST. CORP.


13 Misc.2d 436 (1958)

Biener Contracting Corp., Respondent, v. Elberon Restaurant Corp. et al., Defendants, and Morris Wishnetzky, Appellant.

Supreme Court, Appellate Term, First Department.

June 26, 1958.


Attorney(s) appearing for the Case

Allan Rubin and Isidore A. Seltzer for appellant.

Harry Lesser for respondent.

HOFSTADTER, J. P., and TILZER, J., concur in Per Curiam opinion; HECHT, J., dissents in memorandum.


Per Curiam.

The parties here did not contemplate that the appellant should become the principal debtor primarily liable. The original debt remained and what he promised to pay was the debt of the original obligors. There is nothing in the record from which the court could determine that the appellant made himself the principal debtor primarily liable. The oral promise to pay the debt of another is unenforcible under...

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