Wilson v. McClure

Citations

• 50 Ill. 366

Syllabus

<p>1. Parol evidence. In an action to recover upon a promise made by the defendant, that he would pay a certain sum, for the purpose of raising money to procure substitutes for men who had been drafted into the army, it is competent for the plaintiff to prove by parol evidence that substitutes were received into the service. The entry of that fact by a recruiting officer is not a record, nor is it evidence between other parties, than the government and the person received as a soldier.</p> <p>2. And the plaintiff in such action may also prove by parol evidence, the fact that a draft for soldiers had taken place.</p> <p>3. Contract—whether a promisee must he named. When a person at a public meeting, held for the purpose of raising money to procure substitutes for men who had been drafted into the army from his district, verbally declared that he would give a certain sum for such purpose, such declaration constitutes a promise binding upon him to pay such sum to any person who should accomplish the object.</p> <p>4. Notice—whether necessary. And where a person on the faith of such promise expends money in the accomplishment of the object sought to be attained, it is not necessary that he should give the promisor notice that he has done so to enable him to maintain an action upon the promise.</p> <p>6. Substitutes—-for drafted soldiers. Where the person seeking to recover upon such a promise, had so far executed the purpose to accomplish which the promise was made, that the men who had been drafted had only to report themselves and be discharged from the draft, their failure so to report, and obtain their discharge, does not affect the liability of the party making the promise.</p>