#### Peter Billow, Appellee, v. Isaac Miller, Appellant.

Gen. No. 23,589.

(Not to be reported in full.)

Appeal from the County Court of Cook county; the Hon. J. J. Cooke, Judge, presiding. Heard in this court at the October term, 1917.

Reversed and judgment of nil capiat and for costs.

Opinion filed May 13, 1918.

Statement of the Case.

Action by Peter Billow, plaintiff, against Isaac Miller, defendant, on the promise to pay indebtedness for work done for one Jacob Zeman, under a written *215contract entered into between defendant and said Zeman. From a judgment for plaintiff for $336.80, defendant appeals.

Abstract of the Decision.

1. Frauds, Statute of, § 17 * — what is collateral promise. The promise to pay the indebtedness of a subcontractor under a written contract between the contractor and owner is not an original but a collateral one, and is obnoxious to the Statute of Frauds.

2. Frauds, Statute of — when verdict should he directed for defendant. In an action on an agreement.to pay indebtedness of a subcontractor under a written contract between the contractor and owner, where it appears from the plaintiff’s proofs that the contract is of such a nature and consequently a collateral one within the Statute of Frauds, it is reversible error to deny a motion by defendant for a directed verdict in his favor.

For an abstract of the decision on a former appeal, see 194 Ill. App. 524.

Edward C. Berglund, for appellant.

Max M. Grossman, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Presiding Justice Holdom

delivered the opinion of the court.