The News Publishing Company, Appellant, v. Associated Press of Illinois et al., (Defendants), Victor F. Lawson, Appellee*

Gen. No. 19,764.

(Not to he reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. Charles H. Bowi.es, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.

Affirmed.

Opinion filed December 22, 1914.

*91Abstract of the Decision.

1. Torts, § 32 * —where judgment may be entered against one or more. Where the declaration is not predicated upon the theory of principal and agent, but avers joint liability, under such an averment in a tort case one or more of the defendants may be found guilty or not- guilty.- ■

2. Newspapers, § 6*—evidence insufficient to show illegal exaction for news service. In an action to recover damages for an alleged unlawful exaction in a contract for news service,: evidence held insufficient to support a verdict for the plaintiff irrespective of the court’s finding that no cause of action existed in reviewing the record on a writ of error sued out by a defendant.

Gridley, J., concurring specially.

Statement of the Case.

. Action by the News Publishing Company a corporation, against the Associated Press of Illinois, Victor F. Lawson, its president, and two directors to recover an alleged unlawful- exaction under a contract for news service. From a" verdict and judgment in favor of defendant Lawson and against his codefendant, the Associated Press, the plaintiff appeals.

Plaintiff contended that defendant Lawson was the agent of the Associated Press in an illegal transaction, and equally guilty with it, and if the verdict was correct as to the Associated Press, it was inconsistent and wrong as to Lawson.

Joseph L. McNab and Tappan Gregory, for appellant; S. S. Gregory, of counsel.

Calhoun, Lyford & Sheean, for appellee.