Gelfan

Plaintiff, who was a painting contractor, instituted this action against defendant Bessolo and Gualano, Inc., a corporation, which was the general contractor engaged in the erection of three separate apartment houses, for an alleged balance claimed by him as due under the terms of three agreements had with said defendant for the painting of said apartment houses, and as against defendant Angelo Bessolo under the terms of an alleged agreement of guaranty whereby said defendant guaranteed to plaintiff payment of the balances due him from Bessolo and Gualano, Inc., under the terms of his painting contract with said corporation.

Plaintiff’s complaint contains five counts. The first three counts set forth three causes of action arising under the three separate painting contracts, a fourth count set up the cause of action upon the alleged contract of guaranty; and the fifth count of the complaint set out a common count for money. The defendants and appellants in their answer deny generally all of the material allegations of plaintiff’s complaint. Defendant Angelo Bessolo denies the execution and delivery of the contract of guaranty, and further alleges that said contract was secured…