Wolcott v. Heath

Citations

• 78 Ill. 433

Syllabus

<p>1. Evidence—proof book account. Where a witness testified, without objection, in regard to items of an account, many of which he personally knew to be correct at the time they were entered in the books of his employer, years before, but could not remember as to dates and amounts, except by reference to the books, it was error to instruct thejury to disregard all his testimony based upon the books, and upon such matters as he stated he only knew from the books.</p> <p>2. Instruction—should not assume facts. It is error to instruct the jury that if they believe, from the evidence of a particular witness, that all his knowledge of a fact testified about by him is derived from the books of the party calling him, and if they find that the testimony of such witness is all the evidence on that subject, then there is no evidence before them as to that fact.</p> <p>3. Time contracts—not unlawful. Time contracts, made in good faith, for the future delivery of grain or other commodity, are not prohibited, either by the common law or statute.</p> <p>4. Contracts against public policy—repudiation. If a party repudiates a contract on the ground that it is unlawful, he must repudiate all contracts of the like kind with the same party. He can not claim the benefit of such as are profitable and repudiate those that are unprofitable.</p>