McCormick v. Downs

Decided April 15, 1914

Appellate Court of Illinois · decided 1914-04-15

Abstract of the Decision. 1. Sales, § 18*—when evidence sufficient to sustain finding that seller assented to terms of sale. In an action for the price of a colt, where the purchaser claimed that she never bought the colt, and that plaintiff did not assent to her proposition to wait until corn shelling time for his pay, a verdict for plaintiff held sustained by the evidence. 2. Fbauds, statute of, § 16*—when oral promise to pay for goods sold to another is an original promise. Where a person sent word to another that a colt which the latter had traded for with a third person belonged to him and for him to sell it back to such third person and he would see that the colt was paid for, and a sale was made to such third party in reliance on the promise, held that the promise thus made was an original promise not within the statute of frauds, and that the maker of the promise was liable with the purchaser for the price of the colt.

Affirmed · Decided 1914-04-15

Mr. Justice Dibell

¶1delivered the opinion of the court.

2. Fbauds, statute of, § 16*—when oral promise to pay for goods sold to another is an original promise. Where a person sent word to another that a colt which the latter had traded for with a third person belonged to him and for him to sell it back to such third person and he would see that the colt was paid for, and a sale was made to such third party in reliance on the promise, held that the promise thus made was an original promise not within the statute of frauds, and that the maker of the promise was liable with the purchaser for the price of the colt.