This is an action of contract brought to recover the sum of $279 for labor and materials furnished by
It is recited in the report that the evidence reported “is all the evidence material to the issue sought to be raised.” As the evidence was conflicting it cannot be said that the findings of the lower court were unwarranted. Cohen v. Berkowitz, 215 Mass. 68, 72. The trial judge ruled that “The alleged promise of the defendant is at most a promise to answer for the debt of another and since not in writing is unenforceable because of the statute of frauds.” Upon the findings made this ruling was correct and in accordance with well established principles. Nelson v. Boynton, 3 Met. 396. Dexter v. Blanchard, 11 Allen, 365. Ames v.
Order of Appellate Division affirmed.