Willey v. Dake

Mr. Presiding Justice Ball

delivered the opinion of the court.

Appellee sued appellant in assumpsit to recover damages growing out of the refusal of Willey to receive certain lumber he had purchased from Dake. The jury found the issues in favor of appellee and assessed his damages at the sum of $611. A remittitur of $261.35 was made, and judgment was entered upon the verdict as thus reduced. Willey brings the case to this court by appeal.

Appellant presents two points as grounds for reversal: first, the jury were erroneously instructed to his prejudice; second, appellee failed to make out his…