Rabbermann v. Wiskamp
Illinois Supreme Court
." Appeal from the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. Hillery Talbert, having obtained a contract for the building of a school house, let Rabbermann have it at a sum agreed upon between them, Rabbermann agreeing at the same time to pay for certain hauling which had been done by other parties, of materials for the building. Wiskamp, being one of the persons who had done such hauling, sued Rabbermann therefor.
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." Appeal from the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. Hillery Talbert, having obtained a contract for the building of a school house, let Rabbermann have it at a sum agreed upon between them, Rabbermann agreeing at the same time to pay for certain hauling which had been done by other parties, of materials for the building. Wiskamp, being one of the persons who had done such hauling, sued Rabbermann therefor. The latter contends the promise was to answer for the debt of another, and, not being in writing, is within the statute of frauds.
1Opinion of the CourtJustice Breese
This was an action originally brought before a justice of the peace of St. Clair county, by Frederick Wiskamp, against Frederick Rabbermann, resulting in a judgment for the plaintiff for $10.50. The defendant appealed to the circuit court, where, on a trial by jury, a verdict was returned for plaintiff for the same amount. A motion for a new trial was overruled and a judgment rendered on the verdict, to reverse which the defendant appeals to this court.
This is a very small case—one which should not have been brought to this court. The decision of two juries that the appellant is justly…
2Cited by3 opinions
- Spann v. Cochran & EwingTexas Supreme Court · 1885
- Mathers v. CarterAppellate Court of Illinois · 1880
- Tremayne v. McCaskey Register Co.Appellate Court of Illinois · 1913