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46 Ill. 50

Underhill v. Fake

Illinois Supreme Court

Decided September 15, 1867

Illinois Supreme Court · decided 1867-09-15

This was an action of assumpsit, brought in the Superior Court of Chicago, by the appellee against the appellant, for services alleged to have been rendered by him as a traveling agent of appellant in soliciting business. The case was tried before the court, and a jury, who found a verdict for appellee for the sum of $1,245.84.

Decided 1867-09-15

Mr. Chief Justice

¶1Breese delivered the opinion of the Court:

¶2It is admitted by the counsel for appellant in the outset, that the questions presented by this record, are wholly questions of fact. An examination of the record, assures • us that such is the case.

¶3It was a question fairly submitted to the jury, how much was a just compensation to the appellee fo" the services rendered by him as a traveling agent of appellant to solicit business for the commission house of appellant. The jury heard a great deal of testimony on the question, including that of both the parties. They had a much better opportunity to judge this evidence than we have. It was conflicting, and it was their province to extract the truth from it, and although we might not have found so large an amount due the plaintiff, we cannot say it is so exorbitantly excessive, or so obviously against the evidence, as to be referable to the prejudice or partiality of the jury, and in view of repeated rulings of this court on this subject, we do not- feel justified in interfering to disturb the finding.

¶4The motion for a new trial was properly overruled, and the judgment on the verdict must be affirmed.

¶5Judgment affirmed.

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