French v. Lowry

This court will not disturb the finding of the Circuit Court or of the jury, upon the facts, unless the finding is clearly wrong.

APPEAL FROM MACOUPIN. The appellee sued the appellant before a justice of the peace, and obtained judgment for $44, which was appealed, and the following bill of exceptions was submitted as an abstract of the case. Be it remembered that tiiis cause was tried by the court by the consent of parties, and that the following was all the evidence in the case: The plaintiff proved by two witnesses that they had at different times and shops, since the occurrence of difficulty between the parties, finished 16 pairs of window blinds for the defendant, the materials of which (excepting the slats for 5 or 5i pairs) they obtained at an unfinished house of the defendant, at which the plaintiff had been working. The account that he offered in evidence was in the words and figures following, to wit: Doctor C. P. French, Dr. 1855. To Henry Lowry, viz.: April 8th — To dressing up materials for 18 pr. window blinds......#30 00 “ “ — “ dressing up materials for 6 panel doors ........... 6 00 “ “ — “ dressing up materials for 4 door frames............ 2 00 “ “ — “ getting out lumber for stairs.................... 6 00 -#44 00 Of the last three items in this account, said witnesses knew nothing. They testified that after the occurrence of difficulty between the parties, the plaintiff told them that the blinds were to be made and hung by contract, at $2.50 a pair, and that the relative value of dressing materials for blinds was two-thirds of the whole value. The plaintiff proved by another witness that about the 1st of March, 1855, he, at the instance of the plaintiff, presented an account to the defendant for about $40 or $45, and that the defendant said that a part of it would not be due until Christmas. The witness could not speak particularly of the items of the account. The defendant proved by a justice of the peace of the county, who produced his docket and papers in court, that the plaintiff sued the defendant on an account in May, 1855, for carpenter’s work, for some $15, the items of which were not embraced in the account sued on in this case; that a set-off for house rent was relied upon by the defendant ; and on trial of the cause, on evidence of the plaintiff and witnesses, a judgment was rendered in favor of plaintiff for some $5, which was receipted for by him on the docket. Oe the foregoing state of facts, the court affirmed judgment in favor of the plaintiff for $44, to which decision of the court the defendant by his counsel at the time excepted. This cause was heard before Rice, Judge.