Deere v. Lewis

Citations

• 51 Ill. 254

Syllabus

<p>1. Practice—rendition of judgment by a court—disposes of a motion to set aside the verdict and for a new tried. Where the record entry is, that the court overruled the motion for a new trial, and the motion entered was, to set aside the verdict and to grant a new trial: SeM,'that this disposed of the whole motion. The rendition of judgment disposes of all such motions.</p> <p>2. Evidence—contracts. In an action to recover for the breach of a contract to deliver a certain number of agricultural implements, the plaintiff offered in evidence an order or memorandum, specifying the number and quality of the implements ordered, for the purpose of enabling the jury, in connection with other proof, to fix the price agreed to be paid. It did not constitute the contract of the parties, and the suit was not based upon this instrument. To this the defendant objected, for the reason that a copy of such order was not filed with the declaration: Held, that it was not necessary to file a copy of such instrument with the declaration, and that it was properly admitted in evidence, for the purposes for which it was offered.</p> <p>3. Damages'—measure of—for breach of contract. And in such case, the measure of damages would be, the property purchased not having been paid for, the difference between the value of the articles at the place and on the day when the delivery ought to have been made, and the contract price.</p> <p>4. Former decisions. ' The cases of Smith v. Dunlap, 12 Ill. 184, and Dhétps v. McGee, 18 ib. 155, cited in support of this rule.</p> <p>5. Damages—nominal—whenplaintiffordy entitled to. And where in such case, the proof shows that at the time when the articles contracted for should have been delivered, they could have been purchased for less than the contract price at the place of delivery, the plaintiff is not entitled to recover other than nominal damages for the breach of the contract.</p> <p>6. The law will not permit a party to willfully violate his contrac