Opinion
Gen. No. 10,254. (Abstract of Decision.)
Opinion filed October 25, 1948 Released for publication November 12, 1948
HARMLESS AND PREJUDICIAL ERRORS, § 181 — reversible error in instruction concerning damages. In action for damages allegedly caused by defendants' breach of an agreement to enter into a partnership with plaintiffs, instructing for plaintiffs that if jury found issue for plaintiffs and that they had sustained damages as charged in complaint it was not necessary that any witness should have expressed an opinion as to amount of damage, if any, but that jury might make such estimate, from circumstances proved by a preponderance of evidence pertaining to damages, and by considering them with their own knowledge and experience was error requiring reversal of judgments for plaintiffs, where plaintiffs claimed that their losses resulted from sale of their business and homes.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Winnebago county; the Hon. WILLIAM R. DUSHER, Judge, presiding.
Reversed and remanded. Heard in this court at the May term, 1948.
B. Jay Knight, Frederick H. Haye and Thomas A. Keegan, for appellants;
John H. Page, for appellees.
Not to be published in full. Opinion filed October 25, 1948; Released for publication November 12, 1948