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69 Ill. App. 132

Parmly v. Ferris

Appellate Court of Illinois

Decided March 8, 1897

Appellate Court of Illinois · decided 1897-03-08

<p>1. Judgment—Against the Preponderance of the Evidence.—Where the clear preponderance of evidence is against the finding, the judgment based upon it will he reversed.</p>

Reversed and remanded · Decided 1897-03-08

Mr. Justice Waterman

¶1delivered the opinion of the Court.

¶2The question in the court below was: Did appellees comply with their contract %

¶3The work was to be completed in a first-class manner.

¶4One of appellees testified that he did not say it was a first-class sidewalk; that it was a fair, ordinary walk, such as is being laid in Chicago by thousands.

¶5Another .witness for appellees testified that the walk, when finished, appeared to be a good, fair walk, as good as is usually built; in good condition every -way.

¶6The clear proponderance of the evidence is that the walk was never completed according to the contract. .

¶7The testimony as to the insufficiency of the walk is such that the opposing testimony ivas greatly overcome.

¶8The judgment of the Circuit Court is reversed, and the cause remanded.

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