Fowler v. Donovan

Citations

• 79 Ill. 310

Syllabus

<p>1. Contract—to furnish means to pay a substitute for a party, in case he is drafted, not against public policy. A contract entered into between parties, by which they agree to pay whatever may be necessary to provide and pay a substitute for such of them as may be drafted into the military service of the United States, under a pending call for troops, is not against public policy.</p> <p>2. _ And where a party to such a contract is drafted, and furnishes and pays a substitute, he can compel payment to him by the other parties of their proportion of the amount so paid.</p> <p>3. Parol evidence. In a suit by a party on a contract to pay whatever may be necessary to procure a substitute for such of the parties as may be drafted into the military service of the United States, it is competent for the plaintiff to prove that he was drafted, and paid for and furnished a substitute, who was received as such in his place, by parol.</p>