248. When employer liable to sub-contractor.

There may be communications or dealings between the employer and the sub-contractor which amount to a contract, express or implied, on the part of the employer to pay the sub-contractor1. If there is a promise by the employer to pay or see that the sub-contractor is paid, the question arises whether the promise is collateral to the contract between the contractor and the sub-contractor, and given by way of guarantee, in which case it must be in writing2, or whether it is a direct promise to pay, in which case an oral promise is sufficient3.

If the employer promises to