Bradley v. Schrayer 204 Ill. App. 231

Anna Bradley, Appellee, v. Siegfried (alias Sigmund) Schrayer, Appellant.

Gen. No. 21,810.

(Not to be reported in full.)

Abstract of the Decision.

Breach of marriage promise, § 22 * —when instruction is erroneous. In an action to recover damages for breach of a contract of marriage, an instruction that the jury should find for the plaintiff if they believed from the evidence that there was a contract of marriage between the parties, and the defendant failed to carry out the contract “without good and legal cause therefor,” and plaintiff was damaged by reason of such failure, heló, to be erroneous in leaving the jury to determine what was a good and legal cause which would warrant the defendant in refusing to marry the plaintiff, as that was a question of law for the court and not one of fact for the jury.

Appeal from the Superior Courrt of Cook county;" the Hon. Mabcus A. Kavanagh, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1915.

Reversed and remanded.

Opinion filed March 8, 1917.

Statement of the Case.

Action by Anna Bradley, plaintiff, against Siegfried (alias Sigmund) Schrayer, defendant, to recover damages for breach of a contract of marriage. From a judgment for plaintiff for $5,000 on remittitur, defendant appeals.

Alexander H. Heyman, for appellant. .

Leslie H. Whipp, for appellee.