Clifford v. Luhring

Citations

• 69 Ill. 401

Syllabus

<p>1. New trial-—in respect to finding from the evidence. Where the evidence is conflicting as to the nature and extent of a contract, the verdict of the jury in settling the facts of the case will not he disturbed.</p> <p>3. Statute of Frauds—promise to pay the debt of another. Where the leading object of the undertaking is, to promote some object of the party’s own, his promise to pay is not within the Statute of Frauds, although its effect is to release or suspend the debt of another.</p> <p>3. Thus, where the defendant had employed a party to build a house, and, on his failure, the plaintiff, who was a sub-contractor, made known the fact to the defendant, and informed him that he would be obliged to quit work, and the defendant thereupon told the plaintiff to go on with his part of the work, and he would pay him, it was held, that the defendant’s undertaking was not collateral, but an original one, and was not within the Statute of Frauds, as assuming to answer for the contractor, his main object being to subserve a purpose of his own.</p>