Capen v. De Steiger Glass Co.

Citations

• 105 Ill. 185

Syllabus

<p>1. Appeal—as to the amount involved. Where the plaintiff in an action of assumpsit claimed $864 as the contract price on fifty-four gross of fruit jars, part of a lot of five hundred gross sold, two hundred and ninety-nine gross of which were not delivered, and the defendant, by pleas of set-off, claimed damages exceeding $1000 for breach of the contract of sale, and the plaintiff recovered judgment for §450, which was affirmed in the Appellate Court, it was held, that an appeal would lie to this court from the Appellate Court, as more than the sum of $1000 was involved. . ■</p> <p>2. Same—reviewing controverted facts. In assumpsit to recover the price of goods sold and delivered, where’ the defendant sets up a special contract for the sale and delivery of a much larger quantity, and a breach thereof, and the evidence is conflicting, the.finding óf the facts by the Appellate Court the same as by the jury and trial court, is conclusive upon this court, and by the Practice act no assignment of error can be allowed to call in question such finding.</p> <p>3. Evidence—questioning evidence called out on cross-examination. Counsel will not be allowed to cross-examine a witness, and if the testimony elicited is not satisfactory, have it excluded. A party will not be allowed to experiment with a witness in this way.</p> <p>4. Same—letters from strangers to suit not admissible. A postal card and a letter received by a party to a suit from a third person in reply to letters by such party in-relation to the matters in litigation, are not admissible as evidence for such party. The testimony of the persons writing such letters should be taken in the usual way, so that they might be subject to cross-examination.</p> <p>5. Measure of damages—/or neglect to supply articles sold and agreed to be delivered. The true measure of damages for a breach of a contract to sell and deliver five hundred gross of fruit jars, a part of which only were delivered, is the difference between the