Hansen v. Wayer

Decided March 18, 1902

Appellate Court of Illinois · decided 1902-03-18

Assumpsit, for goods sold and delivered. Appeal from the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1901. This was an action of assumpsit for the price of a monument. The plaintiff offered in evidence a letter written by one of the defendants to the plaintiff concerning payment of the indebtedness. This letter the court refused to admit. There Was a verdict and judgment for the defendants.

Reversed and remanded · Decided 1902-03-18

Mr. Justice Waterman

¶1delivered the opinion of the court.

¶2The court erred in sustaining the objection to the admission of the letter written by one of the defendants. Under the evidence it was admissible as tending to show that no complaint was then being made as to the article that had been furnished.

¶3The defense, apparently, was that the coping around the monument was not what it should have been.

¶4Admissions by a party to the record, if pertinent, are admissible against him. G-reenleaf on Evidence, Sec. 171-172-173-174.

¶5Other errors are assigned, some of which appear to be well taken; but as they are not likely to occur upon another trial, it is unnecessary to discuss them.

¶6The judgment of the Circuit Court is reversed and the cause remanded.