Tilley v. Spalding

Citations

• 44 Ill. 80

Syllabus

<p>New trial—ver diet against the evidence. A verdict against evidence can not stand. In an action to recover $180, balance due on a contract, the plaintiff proved, without contradiction, that he made and delivered to the defendant, at a stipulated price, two hundred washing machines, which were received without objection. The defendant claimed that forty or fifty of the machines were not exactly according to the pattern furnished. The jury found for plaintiff, but only gave him $45. The court refused a motion for a new trial. Held, that the verdict was against the evidence, and that the court ought to have granted a new trial.</p>