Reports of Cases At Law And in Chancery Argued And Determined in the Supreme Court of Illinois 75 (September Term, 1874)
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It will be suffi- cient if this court is satisfied there was evidence to sustain the verdict, and that the jury have not misapprehended its force. 2. Instruction — repeating same principle. It is not error to refuse an instruction, where another one is modified and given, which presents the same question in substance fairly to the jury. 3. Evidence — proof of general custom as against express contract. In a suit where the plaintiff sought to recover for building certain houses, a commission of ...ten per cent on the cost, where the evidence tended to prove a contract to pay such per cent as commissions, evidence on the part of the defendant, as to what was the general or customary commissions paid on such buildings, is properly rejected, as the same is wholly immaterial 1874.] LONEKGAN V. CoURTNET. 581 Opinion of the Court. Appeal from the Circuit Court of Cook county ; the Hon. Henky Booth, Judge, presiding. This was an action of assumpsit, brought by Thomas E. Courtney against Thomas Lonergan.
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