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FROSCO FOOD CLUB PLAN v. DENNISON

18 Misc.2d 241 (1959)

Frosco Food Club Plan, Inc., Appellant, v. Eugene Dennison, Respondent.

Supreme Court, Appellate Term, Second Department.

June 16, 1959.

Attorney(s) appearing for the Case

Keilson & Keilson (Joseph Keilson of counsel), for appellant.

No appearance for respondent.

Concur — PETTE, HART and BROWN, JJ.

Per Curiam.

In this action to recover a balance due under a written agreement alleged to have been assumed orally by the defendant, the evidence clearly indicates that the latter bound himself as a principal debtor primarily liable for the obligation here involved. Consequently, his promise does not come within the operation of the Statute of Frauds.

The judgment should be unanimously reversed on the law...

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