Opinion
Gen. No. 44,086. (Abstract of Decision.)
Opinion filed June 16, 1947 Rehearing denied June 30, 1947 Released for publication June 30, 1947
CONTRACTS, § 579 — sufficiency of evidence of promise by contractor to pay materialman under contract with subcontractor. Plaintiff manufacturer under contract with subcontractor established prima facie case in action against government contractor to recover balance due for lighting fixtures to be used by latter in construction of atomic bomb plant, on theory that, as contractor needed fixtures promptly in order to proceed with construction of plant and plaintiff refused to proceed with work unless it could be assured of payment which subcontractor was unable to make, contractor agreed to see that plaintiff was paid promptly as deliveries were made and consequently became primarily liable to latter, so that granting judgment for contractor at close of plaintiff's evidence was error, in view of evidence showing meetings, correspondence and conversations between representatives of the three parties.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the County Court of Cook county; the Hon. JOHN Q. LAWLESS, Judge, presiding.
Reversed and remanded. Heard in the first division, first district, this court at the April term, 1947.
Marvin Wallach, for appellant;
R. Max Henderson, of counsel;
Musgrave, Ewins, Price Notz, for appellee.
Not to be published in full. Opinion filed June 16, 1947; rehearing denied June 30, 1947; released for publication June 30, 1947.