Calverley v. Wirth
Appellate Court of Illinois
Assumpsit, goods sold. Appeal from the Circuit Court of Wabash County; the Hon. Edmund D. Youngblood, Judge, presiding. Heard in this court at the February term, 1895.
1Opinion of the CourtJustice Sample
Wirth sued Calverley on an account for goods furnished Mitchell, claiming that before the goods were so sold, Oalverly had promised to pay for them. If a promise is original it is unaffected by the statute of frauds. Williams v. Corbett, 28 Ill. 262; Hughes v. Atkins, 41 Ill. 213. In this case the account ran during three months in the name of Mitchell alone, on the books of Wirth, and also on the passbook of Mitchell, where all the items were entered. It began in February. In June, Calverley settled his account with Wirth, and was paid a balance due him. Ho mention was made of the Mitchell…
2Cases cited3 opinions
- Williams v. CorbetIllinois Supreme Court · 1862
- Peddicord v. ConnardIllinois Supreme Court · 1877
- Hughes v. AtkinsIllinois Supreme Court · 1866
3Cited by1 opinion
- Barley v. SamethWest Virginia Supreme Court · 1928