Shapiro

This is an appeal from a judgment rendered in favor of the plaintiff on the balance found to be due for and on account of goods, wares, and merchandise furnished the defendant.

The appeal is apparently based upon the contention that the goods were not sold as stated in the evidence of the plaintiff, the appellant contending that the goods were sold to a corporation and that the appellant was merely the agent of the corporation. The principal legal question raised by the appellant is that the promise of the appellant was merely a promise to pay the debt of another, and therefore that same must be in writing. There is sufficient evidence to sustain the finding of the trial court that the goods were actually sold to the appellant himself, and not to the United Jobbing & Importing Company, in spite of the fact that the bill was rendered (on the request of defendant) to the said company. Respondent testified that, before the order was accepted or the goods delivered, he asked defendant the question, “Who are the United Jobbers?” and defendant said: “I am the United Jobbers.” Defendant also, according to plaintiff’s testimony, did say: “I will guarantee this account.” But plaintiff…