Gary v. Cole

Appellate Court of Illinois

Gary v. Cole

38 Ill. App. 236, 1890 Ill. App. LEXIS 316

DecidedSeptember 20, 1890

StatusPublished

This text of 38 Ill. App. 236 (Gary v. Cole) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gary v. Cole, 38 Ill. App. 236, 1890 Ill. App. LEXIS 316 (Ill. Ct. App. 1890).

Pincite

Opinion

Per Curiam.

Appellant sold appellee fifty-three hogs at $4.20 per hundred pounds. After they were weighed a dispute arose, and appellant claimed that a mistake of one thousand pounds had been made against him, and upon appellee refusing to pay therefor, suit was brought before a justice of the peace, where appellant recovered a judgment for $42. Upon appeal to the County Court judgment was given for appellee for costs, after a trial before such court and a jury. No question of law is involved, but it being purely a question of fact, and one peculiarly within the province of the jury to determine, we would not be willing to interfere with their verdict, unless it was quite apparent from the evidence that they were mistaken.

We find nothing in the case which would warrant us in saying that the jury were mistaken, and hence the judgment of the County Court will be affirmed.

Judgment affirmed.

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Per Curiam.

Appellant sold appellee fifty-three hogs at $4.20 per hundred pounds. After they were weighed a dispute arose, and appellant claimed that a mistake of one thousand pounds had been made against him, and upon appellee refusing to pay therefor, suit was brought before a justice of the peace, where appellant recovered a judgment for $42. Upon appeal to the County Court judgment was given for appellee for costs, after a trial before such court and a jury. No question of law is involved, but it being purely a question of fact, and one peculiarly within the province of the jury to determine, we would not be willing to interfere with their verdict, unless it was quite apparent from the evidence that they were mistaken.

We find nothing in the case which would warrant us in saying that the jury were mistaken, and hence the judgment of the County Court will be affirmed.

Judgment affirmed.

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Bluebook (online)

38 Ill. App. 236, 1890 Ill. App. LEXIS 316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gary-v-cole-illappct-1890.