Schoenfeld v. Brown

Citations

• 78 Ill. 487

Syllabus

<p>1. Statute of Frauds—promise to pay debt of another. If the credit is alone given to the person promising to pay, the Statute of Frauds can have no application, as it only affects verbal promises for the payment of the debt, default or miscarriage of another person.</p> <p>2. Where contractors to furnish materials and build a house enter into a contract with another to furnish a certain part of the materials, and the latter, after furnishing a small part of the materials, abandons the contract on account of the insolvency of the principal contractors, and the owner of the premises verbally promises to pay for the balance, and other materials are furnished on the faith of such promise to pay, it will not be within the Statute of Frauds.</p> <p>3. New trial—newly discovered evidence. A new trial will not be granted on the ground of newly discovered evidence, where it is merely cumulative, and not in its nature conclusive.</p>