Robbins v. Roth

Citations

• 95 Ill. 464
• 1880 Ill. LEXIS 201

Syllabus

<p>1. Evidence—as to motive of party in making special contract. In an action by a real estate broker, against a person whose land the plaintiff claimed to have sold, to recover for services in making the sale, under an alleged special agreement in regard to the amount per acre to be paid as compensation, evidence offered by the plaintiff, showing all the negotiations between the parties relating to the sale of the land as the inducement to make the particular terms relied upon, might well be rejected as having no bearing on the issue being tried.</p> <p>2. Exception—when necessary. A party can not avail of any supposed error of the trial court in the rejection of evidence offered, unless it appears an exception was taken to the decision of the court in making such ruling.</p> <p>3. Instructions—if inconsistent, but working no injury. In an action to recover for services the court gave on behalf of the defendant two instructions, in one of which was laid down the correct rule to govern the jury in case there was evidence to justify a recovery on a quantum meruit. The other, in substance, directed the jury that no recovery could be had unless a special contract was proven. The plaintiff stated, on the trial, that he expected to recover only upon a special contract, and did not offer any evidence as to the services rendered or their value. While the two instructions were not entirely in harmony with each other, it was considered the jury were not likely to have been misled by them; so, the objection that they were not consistent would not avail as ground of reversal.</p>