Horn v. Burroughs

Citations

• 62 Ill. 388

Syllabus

<p>1. Action—before expiration of conditional credit. When the plaintiff performs work for a defendant under a contract to give a certain time for the payment of the price, upon condition that defendant will give his note bearing a certain rate of interest on the completion of the work, which he refuses to do, the price will become due upon the completion of the work, and suit may be brought before the expiration of the proposed credit.</p> <p>2. Pleading— where plaintiff must declare specially. Where goods are to be paid for by bill of exchange, or promissory note, and the defendant has refused to give it, if the suit is brought before the expiration of the credit, the plaintiff should declare specially.</p> <p>3. But where work is done under an agreement to extend the time of payment to a given time, upon condition that a note shall be given bearing interest, upon the completion of the work, a failure to give the note will authorize the bringing of suit at any time thereafter, and in such case the plaintiff need not declare specially.</p> <p>4. Instruction. Where there is any evidence bearing upon a question it is not error to give an instruction based upon the fact sought to be established by such evidence. The weight of the evidence is a question for the jury.</p> <p>5. Evidence—credit by mistake in account. Where the plaintiff, in the copy of his account filed with his declaration, by mistake had given defendant a credit of one hundred dollars, and defendant knew some time before the trial that the credit was claimed to have been made by mistake: Held, no error to allow the plaintiff on the trial to explain the credit</p>