The material averments of the declaration are, in brief, as follows: That plaintiff bargained and sold to defendants a stock of groceries, goods, wares, merchandise, fixtures, tools, a horse and wagon that defendants orally agreed to pay therefor the sum of $1,300, by conveying to plaintiff one lot of ground situated in the city of East St. The action was upon an implied contract of the defendants to pay the reasonable value of personal property delivered by the plaintiff to them on a contract within the statute of frauds, and the ground of the general demurrer, as pointed out by counsel, is that the action could not be maintained. The writ of error in this case was sued out to the appellate court to review the judgment of that court. The judgment without remanding the cause. The defendants appealed to the appellate court for the Fourth district, and that court, being of the opinion that the action would not lie and the general demurrer should have been sustained, reversed The court then heard evidence, and assessed plaintiff's damages at $1,300, and entered judgment against the defendants for said sum and costs of suit. The court overruled the demurrer, and the defendants elected to abide by it. Louis against defendants in error, Philip Wolf and Emma Wolf, stating his cause of action in a special count, to which the defendants interposed a general demurrer. Booker, brought his suit in assumpsit in the city court of East St.
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