Schmidt v. Pfau

Citations

• 114 Ill. 494
• 2 N.E. 522

Syllabus

<p>1. Evidence—relevancy—in suit to recover for services in the management of a business—mismanagement on the pari of the agent as a defence. In a suit to recover compensation for services as manager of a foundry and machine shop, in which the defence sought to recoup damages resulting from, the alleged neglect of duty and mismanagement of the business on the part of plaintiff, producing a failure in the business, the plaintiff, in his testimony, incidentally stated as his opinion that the business was terminated because of his refusal to work for $300 a year. On cross-examination he was asked, if the true reason of the closing of the business was not because the firm bad lost money from the beginning-to the end, which the court, on objection, refused to allow: Held, no error in refusing to allow the question to be answered, as the subject matter of the inquiry could not have had any legitimate bearing upon the real issue in the case.</p> <p>2. Same—as to the manner of showing mismanagement by the agent in. such case. On an issue as to the plaintiff’s right to recover for services as general manager of defendants’ business in the carrying on of a foundry and machine shop, in which damages are sought to be recouped for mismanagement and neglect of duty on the part of the plaintiff, the burden of proof to establish the defence is upon the defendants, and. the particular acts of misconduct or omissions of duty should be specifically pointed out, so as to-enable the plaintiff to meet the same by direct proof. Evidence of the reputation of the work done is not admissible to establish such defence, as it might arise from other causes not attributable to the plaintiff.</p> <p>3. Same—opinions of witnesses on that subject. On an issue as to the-improper or unskillful management of the business of a firm by an employe suing for his services, it is not proper to allow one of the defendants, as a witness, to give his opinion as to the effects of the plaintiff’s management upon