O'Brien v. Palmer

Citations

• 49 Ill. 72

Syllabus

<p>1. Vekdict—;form, of—generally in the control of the court. In an action of assumpsit, for the purchase price of certain property, one point of controversy was., as made by the pleadings, whether the defendant was obliged to deliver up to plaintiff five certain notes executed by him to defendant, on a previous purchase of the same property from defendant, and the jury returned a verdict as follows: “We find the issues for the plaintiff, and assess his damages at $4,396. 66, and we find that the plaintiff is entitled to the possession of the five certain promissory notes in the proceedings mentioned, and produced upon the trial by the defendantHeld, that it was not error for the court, of its own motion, to reject the latter portion of the verdict as surplusage, and render judgment simply for the money part.</p> <p>2. New teial—verdict against the evidence. This court 'has repeatedly said, that in cases where there is a contrariety of evidence, and the facts and circumstances, will, by a fair and reasonable intendment, warrant the inference of the jury, the court will, reluctantly, if ever, disturb the verdict, notwithstanding it may appear to be against the weight of the testimony.</p> <p>3. But where the evidence is conflicting, this court will not disturb the verdict, even though it may be against the weight of evidence. It is the peculiar province of the jury to determine its preponderance.</p> <p>4. Evidence—parol evidence admissible to explain the receipt of money. Where in a bill of sale of certain property, the purchase price was stated to be $10,000, with the words, “Received payment in full:” Held, that parol evidence was admissible, to shoy that no money, in fact, was paid.</p> <p>6. Same—cannot be admitted to vary the terms of the contract. The principle is well settled, that parol evidence is admissible for the purpose of explaining a receipt for money, or to show that it was obtained by fraud or violence, but not to vary or explain the contract of th