55 Wis. 645 | Wis. | 1882
The defendants were contractors to build a cer ■tain railroad, and one W. S. Murray was a subcontractor ■under them, and issued orders and time checks to the men in his employ, which the plaintiffs paid, as merchants, in goods ■as they were presented from time to time to the amount for which this suit is brought. By the pie idings the liability of the defendants must rest upon a previous agreement between the parties, and all other questions, objections, and exceptions are merely technical and will not be noticed. Both
Without recapitulating the evidence or any considerable portion of it, for it is quite voluminous, it seems to us that it vastly preponderates in favor of .the fact of such previous-agreement, as testified to by the plaintiffs, and makes a clear case of the orders and checks taken and goods sold and delivered thereon by the plaintiffs on the sole credit of the defendants, and by the sole inducement of their agreement to pay the same. Whether treated as the purchase of the orders and checks or the sale of the goods, the principle-of the defendants’ liability is the same. Although in form the orders and checks of Murray, they are in substance and by this arrangement the orders and checks of the defendants, and the plaintiffs parted with their goods on their-
On the general question that if the promise or undertaking is an original one, and not collateral to the liability of another, and the credit is exclusively given to the party so promising, the contract is binding and not within the statute of frauds, the authorities are too numerous to be cited, and only a few will be given here, and others will be preserved' in the brief of the learned counsel of the respondent, to-which reference may be had. Williams v. Corbit, 28 Ill., 262; Chase v. Day, 17 Johns., 114; Brown v. George, 17 N. H., 128; Hall v. Wood, 3 Pin., 308; Turton v. Burke, 4 Wis., 119; Thayer v. Gallup, 13 Wis., 539; Champion v. Doty, 31 Wis., 190; Vogel v. Melms, id., 306. None of the rulings of the court complained of appear to affect this main question on the merits of the case.
By the Court.— The judgment of the circuit court is affirmed.