Gravett v. Mugge

Citations

• 89 Ill. 218

Syllabus

<p>1. New trial—finding on the evidence. In trespass for taking and carrying away lumber, where the proof showed the exact number of feet taken, and its value, amounting-to $1005.71, and the proof showed that other lumber of the plaintiff was washed away, and the jury found a verdict of $3000 in favor of the' plaintiff, upon which, after a remittitur of $1700, judgment was rendered for $1300, it was held, that the verdict, as returned, was so grossly in excess of the actual damages, that a new trial should be awarded.</p> <p>2. Damages—exemplary, in excess in trespass. Where the lumber of another is taken in good faith by a defendant, under the confident belief it all belonged to his principal, except a small quantity taken to save it from being washed away by a flood and lost, such defendant ought only to be responsible in actual damages, and an instruction authorizing exemplary damages should not be given.</p> <p>3. Sale—when the title passes. Where a lot of lumber sold and paid for is delivered to the agent of the purchaser, the title will pass, although by the terms of the sale it is to be measured when delivered. The provision for measuring is one for the benefit of the seller, which he may waive.</p> <p>4. Trespass—taking lumber under contract of sale. The agent of a purchaser is not liable in trespass to the former owner for taking lumber sold and delivered by the latter to the purchaser or his agent, but for whatever lumber is taken and appropriated, which had not been delivered under the contract, the party so taking will be liable.</p>