Great Atlantic & Pacific Tea Co. v. Summers

SAMFORD, Judge.

It is urged by counsel for appellee that the smallness of the amount involved in this case should in a large measure influence this court to a conclusion that errors committed by the trial court should be overlooked and the judgment be affirmed under Supreme Court Rule 45. We cannot agree to that contention. Parties litigant are entitled to have their causes tried in nisi .prius courts free from substantial error and when error is made to appear by the record this court must declare the law as it finds it regardless of the amount involved.

The appeal in this case is on the…