Appellate Court of Illinois, 1914

Von Platen & Dick Co. v. Chicago Veneered Door Co.

Appellate Court of Illinois · Decided November 30, 1914 · McSurely

190 Ill. App. 23; 1914 Ill. App. LEXIS 60

Opinion of the Court

Mr. Justice McSurely

delivered the opinion of the court.

4. Sales, § 329*—when evidence justifies a directed verdict for seller. Where the trial court was properly of the opinion that plaintiff was not entitled to credits claimed, and the items of amounts, dates of delivery and prices of defendant’s statement of set-off were not in dispute, it did not err in directing a verdict for the amount of the defendant’s set-off, the correctness of the set-off being admitted under the pleadings in the case and the testimony of the opposite party.

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