Gillilan v. Myers

This was an action of assumpsit brought by the appellee against the appellant in the Superior Court of Chicago. The declaration contained a count for goods, wares and merchandise sold and delivered, and the money counts. Issues were made up, a trial by jury was had, and a verdict for the appellee.

It is not material to examine the pleadings in the cause, as no question is made upon them. No exceptions were taken to the instructions, and the only question presented is, should the court have granted a new trial ?

This depends upon the evidence. To maintain the issue on the part of the plaintiff…