Illinois Linen Co. v. Hough

Citations

• 91 Ill. 63

Syllabus

<p>1. Measure of damages—where price is fixed by special contract. Where an article is sold and delivered under a special contract, in which the price is fixed by the parties, that price must govern, and because there is a conflict in the evidence as to what the price was, does not authorize the jury to allow what the article was reasonably worth, but they must find, flom the evidence, what the contract price really was, according to its weight and credibility.</p> <p>2. Instruction—calling attention to particular facts. An instruction which calls attention to particular facts in the testimony on one side, and omits any reference to facts shown on the other side, bearing upon the point in issue, is faulty.</p> <p>3. Same—when one does not cure a faulty one. The giving of a correct instruction upon a point in a case will not obviate an error in an instruction on the other side, where they are entirely variant, and there is nothing to show the jury which to adopt.</p> <p>4. Corporation—right of officers to pay for services. Where the by-laws of a private corporation provide that the officers shall receive such compensation for their services as shall be determined at the annual meeting of the stockholders, or at any special meeting called for that purpose, and none are ever so fixed, an officer performing the ordinary duties and services pertaining to his office will not be entitled to recover for such services of the corporation, in the absence of any agreement to pay him for the same.</p> <p>6. Agent—neglect to keep proper accounts, construed against him. It is ordinarily the duty of agents to keep regular accounts and vouchers of the business in the course of their agency, and if this duty is not faithfully performed, the omission will always he construed unfavorably to the rights of the agent, and care will be taken that the principal shall not suffer thereby.</p> <p>6. Where a president of a private corporation has power to draw drafts upon the treasurer, and doe