Citations
- 50 Ill. App. 668
Full opinion text
Opinion of the Court,
Shepard, J.
The appellees are mill-work manufacturers, and contracted to sell to the Empire Building Company, a corporation, a quantity of mill-work to be used in the construction of a building being erected by said corporation for Mrs. Lynch, the wife of appellant.
The contract price was five hundred and forty-five dollars, and of that amount the building company paid two hundred and thirty-five dollars, leaving a balance of three hundred and ten dollars.
The claim of appellees is that after having delivered and received pay for the materials furnished, to the amount of two hundred and thirty-five dollars, they, being solicitous as to the responsibility of the building company, refused to deliver any more materials, except upon the independent promise of a responsible party to pay for them, and that appellant made such promise, and that they delivered the balance of the materials, to the amount of three hundred and ten dollars, upon such independent undertaking by the appellant.
The appellant denies having promised in any way to pay for the materials, and. it is contended by his counsel that, at the most, whatever, if any, promise was made by him, was in legal effect a promise to pay the debt of another, i.