Russell v. Minteer

Citations

• 83 Ill. 150

Syllabus

<p>1. Instruction—must not assume facts. It is error for the court, in an instruction, to assume that a certain state of facts exists, or to direct a finding upon facts to be found by the jury, of which there is no evidence tending to prove. Such an instruction is calculated to mislead.</p> <p>2. Contract — by bid with commissioners of highways. Where the building of two bridges is let by the commissioners of highways to the lowest responsible bidder, and they notify such bidder to meet them at a certain time and place to complete the contract, 'which the bidder neglects to do, the contract will not be consummated, and one of the commissioners, without proof of authority from the others, can not waive the execution of a written contract.</p>