Legal Opinion

McDowell, Stocker & Co. v. Sharp

Appellate Court of Illinois

Decided October 6, 1910No. Gen. No. 15,288PublishedCited by 2 opinions

Error to the Municipal Court of Chicago; the Hon. Henry C. Beitler, Judge, presiding. Heard in this court at the March term, 1909.

1Opinion of the CourtJustice Baker

The defendant offered no evidence and the case, on the merits, presents only the question whether the evidence on the part of the plaintiff is sufficient to sustain the finding and judgment.

We think that the verbal promise of the defendant of August 8, that he would pay for the presses if Wollgren did not, was in substance a promise to pay the debt of another and within the Statute of Frauds.

The written proposal of plaintiff of August 14 was to sell to Wollgren the presses at $475, to be paid in a 60 day note of Wollgren indorsed by Sharp. This proposal was accepted by Wollgren and Sharp in…

2Cases cited2 opinions

  1. Hanna v. MillsNew York Supreme Court · 1839
  2. Dunsworth v. Walter A. Wood Machine Co.Appellate Court of Illinois · 1888

3Cited by2 opinions

  1. Union Loan & Savings Ass'n v. JohnsonNebraska Supreme Court · 1929
  2. Greenblodt v. Chicago Railways Co.Appellate Court of Illinois · 1914

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