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67 Ill. App. 366

Benjamin v. Beeler

Appellate Court of Illinois

Decided November 21, 1896

Appellate Court of Illinois · decided 1896-11-21

<p>1. Verdicts—Upon Conflicting Evidence.—A verdict rendered upon conflicting evidence under proper instructions is conclusive upon questions of fact.</p>

Affirmed · Decided 1896-11-21

Mr. Presiding Justice Boggs

¶1delivered the opinion oe the Court.

¶2The record herein presents only a question of fact, whether a verbal undertaking entered into by the appellant to pay $29 to the appellee was subject to a certain condition as claimed by appellant.

¶3The jury found upon conflicting evidence and under instructions to which no objection is urged, the undertaking was not so conditioned.

¶4We have carefully read the testimony. It is sufficient to support the verdict and there appears no reason to believe the jury were controlled or misled by passion, prejudice or mistake or that we should assume to declare their conclusion was palpably wrong.

¶5The judgment is affirmed.

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