Robinson v. Parish

Citations

• 62 Ill. 130

Syllabus

<p>1. Evidence—burden of proof. When the plaintiff declares generally for work and labor done, and materials furnished, and the defendant files the general issue with notice that he will insist on the trial that the work was performed under a written contract, the burden of proof is not thrown upon the plaintiff to show an abandonment of the special contract, until the defendant has proved the averment in his notice.</p> <p>2. New tbiad—;finding of jury. When the testimony in respect to a material fact, is contradictory, and can not be reconciled, as the jury have the advantage of judging from the manner, appearance, and interest of the witnesses, this court will not disturb their finding.</p>