Gierz v. Rus, 189 Ill. App. 416 (1914)

Nov. 10, 1914 · Illinois Appellate Court · Gen. No. 19,909
189 Ill. App. 416
Paul E. Gierz, Appellee, v. John Rus, Appellant

Paul E. Gierz, Appellee, v. John Rus, Appellant.

Gen. No. 19,909.

(Not to be reported in full.)

Abstract of the Decision.

Appeal and error, § 1303 * —presumption when all the evidence is not preserved. Where it is evident that a reviewing court has not before it all the evidence upon which the trial court acted, the presumption obtains that the evidence omitted would' support the judgment even though the evidence as preserved by the record is insufficient to sustain its finding of damages for failure to comply with and complete a building contract.

Appeal from the Municipal Court of Chicago; the Hon. David Sullivan, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.

Affirmed.

Opinion filed November 10, 1914.

Rehearing denied November 24, 1914.

Statement of the Case.

Paul E. Gierz, plaintiff, brought action for damages for an alleged failure of John Bus, defendant, to comply with and complete a contract for the erection of a building. When the case was tried without a-jury, by consent of the parties, the trial judge inspected the premises in question. Defendant claimed a set-off of $175. A judgment was entered in favor of the plaintiff for $475, and from this judgment defendant appeals.

Edward J. Herdlicka, for appellant.

Edward J. Green, for appellee.

Mr. Presiding Justice Barnes

delivered the opinion of the court.