Guerdon v. Corbett

Citations

• 87 Ill. 272

Syllabus

<p>1 New trial—finding from the evidence. Where the evidence is conflicting, it is for the jury to weigh the same and determine where the preponderance is, and their finding will not be disturbed unless manifestly against the weight of the evidence.</p> <p>2. Contract—right to abandon. If a party is prevented from completing his contract by the other party, he will have the legal right to abandon it, and sue for and recover for the labor performed under the same.</p> <p>3. Same—condition precedent to performance. Where a party agrees to do certain work, and the other party to convey to him certain lots, for the price of which, above the amount to be paid for the work, the workman agrees to execute and deliver his notes, secured by mortgage on the lots, if the owner of the lots refuses to make a deed therefor, the workman is not bound to go any further or to execute the notes and mortgage. The owner must tender a deed before he can demand the notes and mortgage.</p> <p>4. Practice—instruction—to find for defendant. Where there is evidence tending to establish a plaintiff’s right to recover, it is an invasion of the province of the jury to instruct them to find for the defendant.</p>