East v. Crow

Citations

• 70 Ill. 91

Syllabus

<p>1. Burden op proop. Where the plaintiff seeks to recover under the terms of a verbal lease of land to the defendant, the burden of proof lies on the plaintiff to prove the terms of leasing as alleged by him. If the evidence does not preponderate in his favor, or is equally balanced, the issue should be found for the defendant.</p> <p>2. Same—of set-off, is on defendant. The burden of proof is on the defendant, in respect to.any set-off claimed by him, and he must establish the existence and validity of his set-off by a preponderance of evidence.</p> <p>3. Set-ofp—what may be. Demands for work and labor performed, board, goods sold and delivered, and for money, etc., are not unliquidated damages, and may be set off in an action ex contractu, whether they arise out of the subject matter of the plaintiff’s suit or not.</p> <p>4. Instruction—where there is no evidence upon which to base it. It is not error to refuse an instruction based upon a state of fact of which there is no evidence.</p>