McMillan v. Dickover.

The primary question involved is whether there is any evidence to support the verdict of the jury. Plaintiff’s right to recovery is predicated upon an alleged oral promise made by defendant to pay for certain building materials furnished and delivered to a third person. If the promise is collateral, it is within the statute of frauds and plaintiff cannot prevail ; but if there is evidence tending to show an original obligation on the part of defendant, the finding of the jury in reference thereto is conclusive.

In determining whether a given state of facts constitutes an original or a…