Kinder v. Brink, McCormick Co.

Citations

• 82 Ill. 376

Syllabus

<p>1. Proposition—•binding on party malcing, when acted on by other party. A proposition in writing, signed by a party, to pay a sum of money to another upon the performance by the other of certain things, when accepted and acted upon, and the things to be done are performed before the proposition is withdrawn, becomes binding on the party signing it.</p> <p>3. Instruction—whether calculated to mislead. An instruction stated to the jury, that if certain work was of the character contemplated by the parties, the jury should find, etc. It was objected that the word “quality” should have been used instead of “ character,” but the court held that the words were frequently used convertibly, and that in the connection in which the term was used in the instruction, it could not have misled the jury.</p>