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IN THE SUPREME COURT OF THE STATE OF IDAHO

Docket No.  38634-2011

MICKELSEN CONSTRUCTION, INC.,

Plaintiff-Appellant,

v.

LESA DARLENE HORROCKS and
SUNSHINE SECRETARIAL SERVICES,
INC.,

Defendants-Respondents.

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Boise, June 2012 Term

2013 Opinion No. 37

Filed: March 29, 2013

Stephen W. Kenyon, Clerk





Appeal from the District Court of the Sixth Judicial District of the State of Idaho, in and for Bannock County.  The Hon. Stephen S. Dunn, District Judge.

The judgment of the district court is affirmed.

Gary L. Cooper, Cooper & Larsen, Pocatello, argued for appellant.

Aaron Thompson, May, Rammell & Thompson, Chtd.; Pocatello; argued for respondents.



EISMANN, Justice.
This is an appeal out of Bannock County from a summary judgment dismissing an action to enforce an oral agreement to guaranty the debt of another on the ground that the agreement is barred by the statute of frauds.  We affirm the judgment of the district court.

I.
Factual Background.

In January 2009, Lesa Darlene Horrocks was one of the owners of Sunshine Secretarial Services, Inc., which was in the business of providing contract secretarial services, professional office space rental with in-house services, accounting, and management services.  It subleased a common office space to Accelerated Paving, Inc., and, at times, provided it with secretarial and other services, such as copying and cleaning.
Accelerated Paving owed Mickelsen Construction, Inc., the sum of $34,980.00 for providing asphalt to an Accelerated Paving jobsite.  Mickelsen Construction threatened to file a materialmen

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Idaho Law