Times Square Automobile Co. v. Good

Appellate Court of Illinois

Times Square Automobile Co. v. Good

159 Ill. App. 616, 1911 Ill. App. LEXIS 1038

CourtAppellate Court of Illinois

DecidedFebruary 14, 1911

DocketGen. No. 15,192

StatusPublished

This text of 159 Ill. App. 616 (Times Square Automobile Co. v. Good) 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

Times Square Automobile Co. v. Good, 159 Ill. App. 616, 1911 Ill. App. LEXIS 1038 (Ill. Ct. App. 1911).

Pincite

Opinion

Mr. Presiding Justice Smith

delivered the opinion of the court.

The statement of claim of the defendant in error, plaintiff below, is for $289 balance due on the purchase price of an automobile. Defendant below, plaintiff in error, filed a counterclaim for $1,000' for alleged damages suffered by him because of the failure of defendant in error to deliver the automobile as contracted. The case was tried before the court without a jury. No propositions of law were tendered to the court to be held as the law of the case. The only real question involved is whether the finding and judgment of the court is contrary to the law and the evidence.

Upon an examination of the evidence in the record, and without discussing it in detail, we are of the opinion that the finding and judgment of the trial court should not he set aside. We have found no basis in the evidence for holding that the finding of the trial court is against the manifest weight of the evidence. The trial court saw and heard the witnesses, and was m a better position for determining the truth than is this court, depending, as we must, on the printed page alone. The judgment is affirmed.

I'Affirmed.

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Mr. Presiding Justice Smith

delivered the opinion of the court.

The statement of claim of the defendant in error, plaintiff below, is for $289 balance due on the purchase price of an automobile. Defendant below, plaintiff in error, filed a counterclaim for $1,000' for alleged damages suffered by him because of the failure of defendant in error to deliver the automobile as contracted. The case was tried before the court without a jury. No propositions of law were tendered to the court to be held as the law of the case. The only real question involved is whether the finding and judgment of the court is contrary to the law and the evidence.

Upon an examination of the evidence in the record, and without discussing it in detail, we are of the opinion that the finding and judgment of the trial court should not he set aside. We have found no basis in the evidence for holding that the finding of the trial court is against the manifest weight of the evidence. The trial court saw and heard the witnesses, and was m a better position for determining the truth than is this court, depending, as we must, on the printed page alone. The judgment is affirmed.

I'Affirmed.

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Bluebook (online)

159 Ill. App. 616, 1911 Ill. App. LEXIS 1038, Counsel Stack Legal Research, https://law.counselstack.com/opinion/times-square-automobile-co-v-good-illappct-1911.