Reports of Cases Determined in the Appellate Courts of Illinois Volume 173

Reports of Cases Determined in the Appellate Courts of Illinois Volume 173

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ... and that he, on behalf of Bruner took the well and shot it, and that Bruner had directed him to do this; those were matters to be considered by the jury in determining whether or not Curley was the agent of the defendant, and his authority. His authority did not depend alone upon the oral statements but upon his acts and conduct in connection with this matter; at least there was enough in it to warrant the instruction given. We think the criticism upon the second instruction was without merit, as there is evidence tending to show that the cleaning was done under the direction of the defendants, and they were entitled to an instruction upon this theory. The criticism upon the third instruction is not well taken as the evidence admitted by the court tended to show what was necessary to complete a well; and the further criticism, that there was no instruction given telling the jury how a custom is established if defective, is cured by appellants' fourth instruction which defines what is necessary to constitute a custom in a locality, and when such custom enters into and forms a part of the contract. Instruction No. 7 is also criticised because it takes from' the jury the defense insisted upon, that there was an express contract. The appellee offered testimony and tried his case upon the theory that he had completed his contract, and was therefore entitled to the value of the service, and it certainly would be true that if he had completed his contract, and the appellants had appropriated the benefits to their own use, that they would be liable for the reasonable worth of the services, and appellee was entitled to an instruction upon this theory. It was not necessary to incorporate appellants' defense in this instruction, more

Product details

  • Paperback | 236 pages
  • 189 x 246 x 13mm | 426g
  • United States
  • English
  • black & white illustrations
  • 1236816471
  • 9781236816474