Butters Salt & Lumber Co. v. Vogel

Plaintiff sued to recover pay for goods delivered to one Wicksall. A former judgment for the plaintiff was reversed in this court (see 130 Mich. 33 [89 N. W. 560]) on the ground that, according to the testimony of the plaintiff, the agreement of defendant was void, as it was simply a verbal undertaking to answer for the debt of Wicksall. The second trial, like the first, resulted in a verdict and judgment for plaintiff. The testimony taken on this trial was that of the same witnesses *382who testified on the former trial, but we are of the opinion that a case was made from which the jury could…