Gowen v. Kehoe

Citations

• 71 Ill. 66

Syllabus

<p>1. Law and fact. Whether certain facts constitute a sale or not, is a question of law, and it is proper to instruct the jury, if the facts were so and so, then there was a sale.</p> <p>2 Sale—condition may be waived. Although a sale may be dependent upon a condition, the condition may be subsequently waived by the party imposing it, and thus render the sale absolute, and this may be determined from the subsequent circumstances.</p> <p>3. Evidence—preponderance does not depend, altogether on number of the witnesses. Although the testimony may be equally balanced, so far as the number of the witnesses is concerned, that alone is not sufficient to prevent a recovery, for the surrounding circumstances to be considered may turn the balance one wa)r or the other.</p>