Byrne v. Hartshorn
Appellate Court of Illinois
Appeal from the Circuit Court of La Salle County; the Hon. Charles Blanchard, Judge, presiding. Statement by Lacey, J. This was a suit brought by the appellant in December, 1883, to recover for a bill of lumber which he claimed to have sold to appellee and which was used by the latter in building his dwelling house, in the spring of 1882. The bill was for $1,503.67. Upon proper issues being joined the case was tried by a jury which found a verdict in favor of the appellee…
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Appeal from the Circuit Court of La Salle County; the Hon. Charles Blanchard, Judge, presiding. Statement by Lacey, J. This was a suit brought by the appellant in December, 1883, to recover for a bill of lumber which he claimed to have sold to appellee and which was used by the latter in building his dwelling house, in the spring of 1882. The bill was for $1,503.67. Upon proper issues being joined the case was tried by a jury which found a verdict in favor of the appellee and this appeal is taken. The appellant on the trial swore that he sold the lumber to appellee by an agreement with him…
1Opinion of the CourtLacey, J.
The main cause assigned for error by appellant’s counsel is the giving by the court the seventh, tenth and twelfth instructions for appellee : the allowing the appellee to prove against appellant’s objection that the former had paid out the full sum of the contract price, §3,900, which he was to pay Lamb for furnishing materials and labor for building the house, to Lamb and other parties on Lamb’s account, and that the verdict was manifestly against the weight of the evidence. We will notice the seventh instruction given for appellee first because first in order.
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2Cases cited4 opinions
- Rockwood v. PoundstoneIllinois Supreme Court · 1865
- Frizell v. ColeIllinois Supreme Court · 1866
- Mauro v. PlattIllinois Supreme Court · 1872
- Wright v. BellAppellate Court of Illinois · 1880
3Cited by2 opinions
- Gurney v. BrownAppellate Court of Illinois · 1888
- Hartshorn v. ByrneAppellate Court of Illinois · 1892