Raney v. Boyce

Citations

• 39 Ill. 24

Syllabus

<p>1. CONTRACTS — construction—furnishing substitutes for the army. A receipt was given to one Raney for “five hundred and twenty-five dollars, in full for a substitute to be furnished, and the said substitute, to be a clearance in his stead.” In an action by Raney to recover back the money, on the ground that no substitute was furnished, it was held, the contract implied that the plaintiff had been drafted, and the undertaking of the party receiving the money was, that the substitute to be furnished should be received and mustered into the service of the United States, in the place and stead of the plaintiff.</p> <p>2. If the party for whom the substitute was to be furnished was relieved of the draft by the order of the government, and not by the acceptance of the substitute, then the contract of the party receiving the money was not performed, and the party paying it could recover it back, and with interest.</p>