73-75 Main Avenue, LLC v. PP Door Enterprise, Inc., 991 A.2d 650 (2010)

Citation: 73-75 Main Avenue, LLC v. PP Door Enterprise, Inc., 991 A.2d 650 (2010)
Parent Document: 73-75 Main Avenue, LLC v. PP Door Enterprise, Inc., 991 A.2d 650 (2010)
Jurisdiction: Connecticut (state)
Effective Date: 2010-03-30
Original Source: https://www.courtlistener.com/opinion/2273167/73-75-main-avenue-llc-v-pp-door... ↗

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is a contract, in which a party, sometimes referred to as a secondary obligor, “contracts to fulfill an obligation upon the default of the principal obligor.” Restatement (Third), Suretyship and Guaranty § 1, comment (c), p. 6 (1996). To illustrate more clearly, in a situation involving a guarantee, there are typically two contracts that exist, one between A and B, and a second contract between A and C, whereby C promises that if B does not fulfill its obligation to A, then C will be responsible to A for B’s obligation. See id., § 2, pp. 19-20. This type of agreement is generally subject to the same “requisites of contract formation” that apply to the formation of any other contract. Id., § 7. Furthermore, “[p]ursuant to the Statute of Frauds, a contract creating a secondary obligation is unenforceable as a contract to answer for the duty of another unless there is a written memorandum satisfying the Statute of Frauds or an exception applies.” Id., § 11 (1); see also General Statutes § 52-550. 10 Specifically, “[a] promise to be surety for the *166

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