Hill v. Parsons

Citations

• 110 Ill. 107

Syllabus

<p>1. Settlement—as operating to cut off defences hnoion prior thereto. Where notes are given on a settlement for a balance found to be due the payee, after all the causes of set-off and other claims of damage by delay have arisen, which are fully known to the maker when he gives the notes, he will be precluded from urging such matters of set-off or recoupment in defence to a suit upon the notes.</p> <p>2. Measure op damages—delay in the manufacture of boohs. On a failure to complete the work on books, and deliver the same within the time agreed upon, it is not admissible to prove, on the question of .damages, from the delay, that there may have been a demand for the books had they been ready at the proper time. If the party for whom the books were manufactured had made sales of books, and suffered a loss of profits thereon in consequence of the delay in completing the work, evidence of such facts would be competent on the question of damages.</p> <p>3. Error will not. always reverse—exclusion of evidence. Slight error in the exclusion of evidence, as, when its admission could not have changed the result, is no ground of reversal.</p> <p>4. ■ Instructions — given by the court instead of those asked by the parties. Where the court refuses all the instructions asked on both sides, and on its own motion gives others, containing all the law involved in the case, there will be no error in refusing the instructions asked, even though they contained correct propositions of law, as no injury could result in such case.</p>