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LUSSIER v. STEVENS

No. 88-534.

571 A.2d 666 (1989)

Roger LUSSIER v. John STEVENS.

Supreme Court of Vermont.

December 22, 1989.

Attorney(s) appearing for the Case

Andrew R. Field, Montpelier, for plaintiff-appellee.

Gregory P. Howe, Newport, and Michael Rose, on brief, St. Albans, for defendant-appellant.

Before ALLEN, C.J., and PECK, GIBSON, DOOLEY and MORSE, JJ.

MORSE, Justice.

This case presents the question of whether defendant's oral promise to pay one-half of a judgment against plaintiff is unenforceable because it is subject to the statute of frauds, 12 V.S.A. § 181(2) ("promise to answer for the debt, default or misdoings of another").1 We hold under the facts here that the statute does not apply and affirm.

Plaintiff Lussier was awarded judgment for $16,500 against defendant...

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