Opinion
Gen. No. 9,256. (Abstract of Decision.)
Opinion filed February 25, 1941.
SALES, § 161 — breach of warranty of corn, evidence. In action for breach of warranty wherein plaintiff contended that defendant stated certain corn was seed corn of a high germination test, but defendant contended that the corn sold was not represented to be seed corn, conflicting evidence was for jury and verdict for defendant would not be disturbed, instruction on measure of damages was properly refused because it might have led jury to believe that plaintiff was entitled to damages, instruction on credibility was covered by other instructions, instruction which tended to minimize the influence of the number of witnesses was properly refused, and instruction that if jury found that evidence preponderated in plaintiff's favor, although but slightly, jury should find for plaintiff, was also properly refused.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Adams county; Hon. A. CLAY WILLIAMS, presiding.
Affirmed. Heard in this court at October term, 1940.
Richard F. Scholz, for appellants;
Lancaster Nichols, for appellees.
"Not to be published in full." Opinion filed February 25, 1941.