Chicago & Wilmington Coal Co. v. Liddell

Citations

• 69 Ill. 639

Syllabus

<p>1. Statute ob Frauds—must be pleaded. In an action upon a verbal contract, in which the defendant pleaded only the general issue, it. was held, that the defendant could not take advantage of the Statute of Frauds, even if the contract was within it.</p> <p>2. Same—to pay board, when not collateral. Where a party contracts to pay for the board of miners out of funds in his control, the contract not being collateral, but primary, there being no contract with the miners by the person boarding them, the contract is not within the Statute of Frauds.</p> <p>3. Contract—when terminated. Where a coal company employs a person to board its miners, there being no time fixed for the continuance of the agreement, either party may terminate it, on notice to the other.</p> <p>Refusing to pay the board agreed to be paid will not, of itself, destroy the contract, but the company will still remain liable for board after such refusal.</p> <p>4. Evidence—refreshing witness' memory. In a suit to recover pay for boarding a lot of miners, the plaintiff, in his testimony, referred to the bill of particulars made out by another under his direction, and testified that he knew it to be correct. He testified, from recollection, to the number of men boarded, the rate per week and the aggregate: Held, no error in allowing him to refer to the account, as he could not be expected to give the name of each man who boarded with him.</p> <p>o. It. is no objection to testimony, if a witness is permitted to refer to a paper to refresh his memory, provided he can say he knows the items ■ to be correct because they were true when made and placed in his book.</p>