Rockford, Rock Island & St. Louis Railroad v. Rose

Citations

• 72 Ill. 183

Syllabus

<p>1. Settlement—wliat constitutes. Where the parties to a contract met, at night, and one of them handed the other, through a car window, a receipt, and requested him to sign it, which he did, and thereupon the one taking the receipt handed the one signing it a package of money containing a certain amount, and told him that was all he could pat, to which the one receiving the money replied that he was not satisfied with the amount and would bring suit the next day, it was held, that there was no such final settlement made as would bar all further investigation into the state of the accounts between the parties.</p> <p>9. New trial—on ground of surprise. Where a part) has within his own power evidence to contradict testimony which is claimed to have been a surprise, and fails to produce that evidence, or show some sufficient reason for not doing so, the failure must be attributed to his own neglect, and a new trial will not be granted on the ground of surprise.</p> <p>3. Where a bill of particulars is filed by the plaintiff, the defendant can not be heard to say that he is surprised tliat evidence was offered to sustain .anything- embraced in such bill, even though on a former trial of the cause no such evidence was offered.</p>