Chicago Heights Lumber Co. v. Miller
Illinois Supreme Court
Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. M. F. TulEy, Judge, presiding. In this cause the Appellate Court for the First District reversed the judgment of the circuit court of Cook county, which was against Miller, without remanding the cause, on the ground that neither the declaration nor the evidence shows a cause of action against the defendant.
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Appeal from the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. M. F. TulEy, Judge, presiding. In this cause the Appellate Court for the First District reversed the judgment of the circuit court of Cook county, which was against Miller, without remanding the cause, on the ground that neither the declaration nor the evidence shows a cause of action against the defendant. Miller appealed, and the following accurate statement of the facts in the case was made by the Appellate Court: “This is an appeal from a judgment of…
1Opinion of the CourtJustice Scott
Miller Bros, held no fund belonging to Frink and were not indebted to him. If Frink, under these circumstances, had orally requested Miller Bros, to pay his debt to Chicago Heights Lumber Company, and Miller Bros, had verbally promised the company to do so, the promise would have been within the Statute of Frauds. Does the fact that Frink’s request to Miller Bros, to pay his debt was in writing and that the written request was left with appellee when he paid a part of the debt and verbally agreed to pay the remainder, make a material difference ? We think not. In either event Miller Bros,…
2Cases cited5 opinions
- Louisville, Evansville & St. Louis Railway Co. v. CaldwellIndiana Supreme Court · 1884
- Wakefield v. GreenhoodCalifornia Supreme Court · 1866
- Walton v. Mandeville, Dowling & Co.Supreme Court of Iowa · 1881
- Manley v. GeaganMassachusetts Supreme Judicial Court · 1870
- Plummer v. LymanSupreme Judicial Court of Maine · 1860
3Cited by6 opinions
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- Dumbeck v. WalshAppellate Court of Illinois · 1913
- Drovers' Deposit Nat. Bank v. TichenorDistrict Court, E.D. Wisconsin · 1912
- Ruehle v. MonteliusAppellate Court of Illinois · 1909
- Beltine Chemical & Manufacturing Co. v. ZulferAppellate Court of Illinois · 1910
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