Dovenmuehle v. Eilenberger

The appellant argues that the peremptory instruction of the court to find for the defendant—the appellee—was contrary to the opinion of this court in Berkowsky v. Viall, 66 Ill. App. 349. There is no resemblance between the cases. The recovery there was upon the express promise (as the jury found in effect) to pay for goods which the appellee declined to furnish except upon that promise; and no mention was made in the court below o£ a defense under the statute of frauds. Whether the contractors were by the parties regarded as also liable or not does not appear in the report. The case is much…