Nicholson v. Doney

Although this case has in it only questions of fact, the injustice of the result is so apparent, that the judgment must be reversed.

The appellee, in his testimony, claimed that he shipped from Joliet to the appellant in Chicago two second-hand boilers and one second-hand engine to be sold on commission.

The clear preponderance of the evidence is that the boilers never came to the possession of the appellant. As to the ■ engine, the appellant vainly sought a customer.

March 25, 1886, the appellee writes to the appellant, “If you will send me the money, take it for what it is worth to you, and I…