G.R. No. L‑5447
March 1, 1910
Paul Reiss, et al. (plaintiffs‑appellees)
v.
Jose M. Memiye (defendant‑appellant)

Facts
– Buenaventura Kabalsa, a contractor lacking credit, was hired to repair the appellant’s house in Manila and needed lumber.
– The plaintiffs (lumber dealers) would not release lumber without advance payment.
– The appellant, a property owner and attorney, personally guaranteed payment and entered into a verbal agreement with the plaintiffs that they would deliver lumber to Kabalsa for use in the house.
– The lumber was delivered, used in the repairs, and the plaintiffs sued for the unpaid balance. The trial court entered judgment for the plaintiffs.

Issue
Whether the appellant’s oral promise to pay for the lumber is enforceable despite the lack of a written agreement, i.e., whether the promise falls within the “special promise to answer for the debt of another” category of Section 335 of Act No. 190 (Statute of Frauds) and therefore must be in writing.

Ruling
The Supreme Court affirmed the judgment of the trial court. It held that the appellant’s promise was primary (an original obligation) rather than a collateral guarantee of the contractor’s debt. The credit for the lumber was extended directly to the appellant, who assumed personal liability for payment. Consequently, Section 335 does not apply, and the oral agreement is enforceable. The procedural objections (amendment of answer, failure to set out findings) were deemed either harmless or without prejudice. Costs were awarded against the appellant.