Stoddard v. Illinois Improvement & Ballast Co.

Mr. Presiding Justice Scanlan

delivered the opinion of the court.

The following are the only grounds urged by the defendant for the reversal of the judgment: (1) “The motion made at the close of all the evidence to direct a verdict for the defendant should have been granted.”. (2) “Appellant did not expressly or impliedly covenant and agree with the appellee to remove stone from the demised premises.” (3) “The burden of proof was upon the appellee to establish that the demised premises contained stone suitable for quarrying purposes, and by the exercise of reasonable skill and diligence could…