Fredericksburg County Circuit Court December 27, 1990, Case No. CL90-214 (Durrette, Irvin & Lemons v. Hutson)

By JUDGE WILLIAM H. LEDBETTER, JR.

The issue presented is whether the claim asserted by the plaintiff is barred, on its face, by the statute of frauds.

On demurrer, the defendant contends that the undertaking alleged in the motion for judgment is merely that of a surety or guaranty and therefore falls within the writing requirements of Virginia Code § 11-2(4).