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.
Opinion by PRESIDING JUSTICE O'CONNOR.
Not to be published in full. Opinion filed June 16, 1947; rehearing denied June 30, 1947; released for publication June 30, 1947.