De Forrest v. Oder

Citations

• 42 Ill. 500

Syllabus

<p>1. New tbtat/S—verdict against the evidence. When there is no more than a mere doubt, whether the finding of the court is correct, it will not be disturbed. Before such finding will be disturbed, because it is not sustained by the testimony, it must appear that the evidence is insufficient.</p> <p>2. Demtjbbeb — to plea when sustained. When a plea averred that plaintiff was indebted to defendant, in the sum of one thousand dollars, for pasturage, furnished at plaintiff’s request, and for the price of five mules belonging to defendant, and placed in the hands of plaintiff to be properly kept and cared for, but which plaintiff, in disregard of his duty, and in consequence of his negligence, permitted to stray away, and were thereby lost to defendant, which he offers to set off: Held, such a plea is bad on demurrer.</p> <p>3. Set-oee — unliquidated damages. Unliquidated damages which do not grow out of the contract or cause of action sued upon, are not a proper subject of set-off. To authorize such damages to be recouped or set off, they must grow out of the transaction upon which the suit is brought, and a plea which does not contain an averment that they had so arisen is obnoxious to a general demurrer.</p>