Cilley v. Hawkins

Citations

• 48 Ill. 308

Syllabus

<p>1. Evidence—assessment of damages. It is not error to reject evidence as to mere speculative damages on the breach of a contract. Where a defendant had leased a farm to plaintiffs, and permitted them to enter and break ground before the lease commenced, and afterwards, on the day on which the lease commenced, refused to let them have possession, and they bring suit, the proper measure of damages is the market value of the lease, the worth of the labor bestowed in breaking up the ground on the premises, and such other losses as had been sustained by incurring expense in preparing to carry out their agreement under the lease.</p> <p>2. Tender—when it can be mack. The 38th section of our practice act only allows a tender to be made and relied upon in cases of agreement to pay money, property, or other specific articles, where the sum is liquidated, or the articles are specific. It does not apply to unliquidated damages, nor can a tender of such damages be made under the common law; nor does the British statute, authorizing money to be brought into court, as a tender of such damages, obtain in our courts.</p> <p>3. Verdict—finding a tender. Where the jury find a tender to have been made in a proper case, the court should render judgment in favor of defendant for costs, and give plaintiff leave to withdraw the tender. In such a case the jury should not assess any damages, because, if the tender is not large enough, then there was not a sufficient tender, and if the evidence shows less than the amount tendered, still the tender admits that amount to be due, and they can not find less.</p> <p>4. Same. Where the jury found the issue of tender for the defendant and assessed the plaintiff’s damages at a specified sum, it was error in the court to render a judgment for costs against plaintiff, in a case where a tender can not be legally made and pleaded. In such a case the offer to pay the sum tendered is evidence of damages to that amount, although not a good tender.</p>