McCormick v. Downs

Appellate Court of Illinois

McCormick v. Downs

186 Ill. App. 326

CourtAppellate Court of Illinois

DecidedApril 15, 1914

DocketGen. No. 5,839

StatusPublished

This text of 186 Ill. App. 326 (McCormick v. Downs) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McCormick v. Downs, 186 Ill. App. 326 (Ill. Ct. App. 1914).

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Opinion

Mr. Justice Dibell

delivered the opinion of the court.

2. Fbauds, statute of, § 16*—when oral promise to pay for goods sold to another is an original promise. Where a person sent word to another that a colt which the latter had traded for with a third person belonged to him and for him to sell it back to such third person and he would see that the colt was paid for, and a sale was made to such third party in reliance on the promise, held that the promise thus made was an original promise not within the statute of frauds, and that the maker of the promise was liable with the purchaser for the price of the colt.

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Mr. Justice Dibell

delivered the opinion of the court.

2. Fbauds, statute of, § 16*—when oral promise to pay for goods sold to another is an original promise. Where a person sent word to another that a colt which the latter had traded for with a third person belonged to him and for him to sell it back to such third person and he would see that the colt was paid for, and a sale was made to such third party in reliance on the promise, held that the promise thus made was an original promise not within the statute of frauds, and that the maker of the promise was liable with the purchaser for the price of the colt.

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Bluebook (online)

186 Ill. App. 326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccormick-v-downs-illappct-1914.