Phillips v. Rehm

Appellate Court of Illinois

Phillips v. Rehm

64 Ill. App. 477, 1896 Ill. App. LEXIS 945

Appellate Court of Illinois·Decided June 1, 1896·Published

Opinion

Mr. Presiding Justice Gary

delivered the opinion of the Court.

This was a suit for the price of hardware sold by the appellee to the appellant. On that part of the case there is no dispute. The defense was payment, as to which there is a conflict of evidence.

There is no evidence to justify an allowance of interest, either account stated, or unreasonable and vexatious delay of payment; yet over the objection and exception of the appellant, the appellee was permitted to prove that the interest amounted to $36.90, and that amount was included in the verdict and judgment, in addition to the original bill.

This was error. Sammis v. Clark, 13 Ill. 544, has been followed as the law.

The judgment is reversed and the cause remanded.

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Mr. Presiding Justice Gary

delivered the opinion of the Court.

This was a suit for the price of hardware sold by the appellee to the appellant. On that part of the case there is no dispute. The defense was payment, as to which there is a conflict of evidence.

There is no evidence to justify an allowance of interest, either account stated, or unreasonable and vexatious delay of payment; yet over the objection and exception of the appellant, the appellee was permitted to prove that the interest amounted to $36.90, and that amount was included in the verdict and judgment, in addition to the original bill.

This was error. Sammis v. Clark, 13 Ill. 544, has been followed as the law.

The judgment is reversed and the cause remanded.

Phillips v. Rehm, 64 Ill. App. 477, 1896 Ill. App. LEXIS 945 (Ill. Ct. App. 1896).

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Opinion

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