Public-domain · open source
OpenJurist

157 Ill. App. 165

McDowell, Stocker & Co. v. Sharp

Appellate Court of Illinois

Decided October 6, 1910

Appellate Court of Illinois · decided 1910-10-06

<p>o 1. Statute of frauds—what promise within. A promise by one person to pay an obligation created or to be created by another ii such other does'not, is a promise within the statute.</p> <p>2. Statute of frauds'—what consideration sufficient to support promise to pay debt of another. A delivery of merchandise pursuant to such a promise is such consideration.</p> <p>3. Municipal court—when defect in hill of particulars will not 'reverse. If the cause of action proved is not correctly set forth in the plaintiff’s “statement of claim” so-called, a reversal will not be awarded if no prejudice appears to have resulted.</p>

Cited by 2 later decisions — most recently February 1929

2 state decisions

Relies on Hanna v. Mills · Dunsworth v. Walter A. Wood Machine Co.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1910-10-06

View the full empirical analysis of this case →

Mr. Justice Baker

¶1delivered the opinion of the court.

¶2The defendant offered no evidence and the case, on the merits, presents only the question whether the evidence on the part of the plaintiff is sufficient to sustain the finding and judgment.

¶3We think that the verbal promise of the defendant of August 8, that he would pay for the presses if Wollgren did not, was in substance a promise to pay the debt of another and within the Statute of Frauds.

¶4The written proposal of plaintiff of August 14 was to sell to Wollgren the presses at $475, to be paid in a 60 day note of Wollgren indorsed by Sharp. This proposal was accepted by Wollgren and Sharp in writing, and afterwards the presses were delivered by plaintiff to Wollgren.

¶5The assent of Sharp to plaintiff’s proposal is shown by his acceptance of it, and he thereby promised plaintiff that it should receive in payment for said presses Wollgren’s note endorsed by Sharp. The sale was not complete until the presses were delivered and the delivery of the presses to Wollgren, after the acceptance of the proposal by Sharp, was a sufficient consideration for Sharp’s promise to plaintiff.

¶6The term of credit had expired when this suit was brought, and plaintiff could recover the price of the presses, as damages for the breach of the special contract for payment in an endorsed note. Dunsworth v. Wood Machine Co., 29 Ill. App. 23; Hanna v. Mills, 21 Wend. 90; Worthy v. Jones, 11 Gray, 168.

¶7The cause of action proved is not accurately set forth in plaintiff’s “Statement of Claim,” but we do not think that the defendant was prejudiced thereby, or that for that reason the judgment should be reversed.

¶8We find no error in the rulings of the court on questions of evidence.

¶9The record is, in our opinion, free from reversible error and the judgment is affirmed.

¶10'Affirmed.

/157/illapp/165 · .json · Public domain