Rooney v. Peterson

FARR, J.

-..The action was to foreclose a lien on real estate. . .The principal issue arose -on,.an fin- ’’ . swer- and gross petition filed-, by - one, Chapel , and the answer of Rooney. Chapel-., and ; Rponey .had made; an':-agreement ’ Whereby : •,;pbapel .-was,-Ifo..,erect, a-, building upon, . the ,- property at a stipuiaf&fl.isum,-which .was.jib dp- - elude certain commissions; /testimony,' . jtbq^ed, |! ■jP® §Í«eJb^d’;;th^|:X^9pp^ h|^wjibq»l;' !i t Tá^ding^ j® í$fso'f¡ ife^ont%t^,^loi^'d;||: it in his pocket and'tak;en it Koine, where it ‘ was láter destroyed’ by a child. In answer to an interrogatory; - -the , jury, .found. - that-; there was no; written contract.-.;, -The,, jury also Returned a.-verdict-for Chapel'for, $2,511.85 :.le.ss commission-,-paid.. ■ Rooney prosecuted ■ error, .to the Court of Appeals which held: • -

I. ,-The-/acceptance-of ;a ¡contract .sufficiently indicates an assent, to -its, terms, whatever -they .may be* and it is immaterial that they are, -in ■fact, úpknow.n.: .Consequently, the,-conclusion is--that, the- special, finding.- of -.the- jury-«that there was no contract in writing,, is /against the weight of-the evidence andt-contrary to; .law.

2. When the amount found- in ,a verdict by a jury cannot be ascertained-without reference to the evidence offered on! the trial, no judgment can properly be entered, on suelvan uncertain verdict; S.ucB was the situation. !in this ease. By-11465 GC. the jury.must assess the amount of the recovery, in its verdict. Judgment reversed.