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59 Ill. 227

McBride v. Griffin

Illinois Supreme Court

Decided June 15, 1871

Illinois Supreme Court · decided 1871-06-15

E. S. Canby, Judge, presiding. This was an action of assumpsit, brought by Mary P. Griffin against John H. McBride. The action was brought upon an account for the board of the defendant, and his hired hands avIio Ai’ere Avorking upon a bridge which the defendant was engaged in building.

Decided 1871-06-15

Per Curiam:

¶1A judgment Avas rendered against appellant, beloAv, for $124.19.

¶2According to the testimony of appellee, unchanged by any other evidence in her favor, her account Avas $332.65; and the payment made to her amounted to $223.26. The largest amount for AA'hich judgment could have been rendered, Avas $108.69. The judgment is therefore erroneous.

¶3There was also error in refusing to hear the communication, from appellant to appellee, through the foreman of the former, in relation to the board of certain persons, avIio might fail to Avork for appellant.

¶4The communication and reply might not have been material, but the relevancy could not be determined without the admission of the evidence.

¶5The controversy was in regard to the board of certain persons. If the communication elicited a reply, it was proper that the jury should have heard both, and considered' them, under the instructions of £he court.

¶6The judgment must be reversed and the cause remanded.

¶7Judgment reversed.•

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