{
  "id": 5395689,
  "name": "Robert Turner, Plaintiff-Appellee, v. George Boston, Defendant-Appellant",
  "name_abbreviation": "Turner v. Boston",
  "decision_date": "1973-03-21",
  "docket_number": "No. 71-227",
  "first_page": "453",
  "last_page": "455",
  "citations": [
    {
      "type": "official",
      "cite": "10 Ill. App. 3d 453"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "63 N.E.2d 499",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "391 Ill. 510",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        2512838
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      "case_paths": [
        "/ill/391/0510-01"
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    {
      "cite": "267 N.E.2d 731",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "131 Ill.App.2d 1066",
      "category": "reporters:state",
      "reporter": "Ill. App. 2d",
      "case_ids": [
        2905374
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-2d/131/1066-01"
      ]
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    {
      "cite": "35 N.E.2d 828",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "311 Ill.App. 296",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        3380952
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/311/0296-01"
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  "analysis": {
    "cardinality": 241,
    "char_count": 3358,
    "ocr_confidence": 0.781,
    "pagerank": {
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    "simhash": "1:ae4a58a3e74f1d8f",
    "word_count": 558
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  "last_updated": "2023-07-14T20:49:00.166365+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Robert Turner, Plaintiff-Appellee, v. George Boston, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE JONES\ndelivered the opinion of the court:\nThe defendant appeals from a judgment rendered on a jury verdict for the plaintiff in an action based upon a partly written and partly oral contract for sale of a backhoe.\nIn his brief here, defendant raises five points: (1) error in refusing to submit defendants counterclaim to the jury; (2) error in dismissing the counterclaim; (3) error in refusing judgment notwithstanding the verdict; (4) the verdict was greater than the amount claimed or shown by the evidence; (5) error in denying defendant right to argue repossession. Of these points only number (3) and (5) are mentioned in the post-trial motion.\nIt is a long standing policy of courts of appeal not to consider contentions which are not submitted to tire trial court. Therefore, as to those points made here which were not included in the post-trial motion, the defendant cannot rely upon them here. See Janisco v. First National Bank of Lockport, 311 Ill.App. 296, 35 N.E.2d 828; Illinois Law & Practice, Appeal and Error, sec. 297.\nBy reason of the foregoing, we may not consider the alleged errors in refusing to submit the counterclaim, in dismissing the counterclaim, and that the verdict is greater than the complaint or evidence supporting it.\nThe defendant does not include any portion of the argument in his abstract, and we are pointed to no place by the statement of facts where the court refused to allow the defendant to argue the matter of repossession.\nSince the defendant has not included the matter of the refusal of argument in his post-trial motion, abstract, or appeal, we may not consider this point. The failure to abstract the record on this point is sufficient to deny the contention. See Elfgen v. Noll\u2019s Ice Cream & Frozen Food Co., 131 Ill.App.2d 1066, 267 N.E.2d 731; Zechman v. Zechman, 391 Ill. 510, 63 N.E.2d 499.\nThe denial of judgment notwithstanding the verdict, although the defendant again fails to appeal from the order denying the post-trial motion which included a request for judgment notwithstanding the verdict, may be disposed of by the statement, made four times by the defendant in his argument here, that \u201cthe evidence and the law further demonstrated that, at the most, plaintiff was entitled to a recovery of $1,548.45.\u201d The argument of the defendant is that the verdict was excessive in amount. This is not an argument which supports the contention of error on the part of the court in denying fire motion for judgment notwithstanding the verdict. If such a contention had been made to the trial court in the post-trial motion, which it was not, the most the trial court could have done would have been to permit a new trial in whole or in part. The concession that the plaintiff was entitled under the law and evidence to a judgment in a lesser sum effectively disposes of a claim of error in denying judgment notwithstanding the verdict.\nThere are other grounds which would require affirmance but for the foregoing reasons we deem it unnecessary to discuss them here.\nJudgment affirmed.\nEBERSPACHER, P. J., and CREBS, J., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE JONES"
      }
    ],
    "attorneys": [
      "Eldon Durr, of Durr & Durr, of Edwardsville, for appellant.",
      "William F. Kinder, of Kinder, Scroggins & Kinder, of Granite City, for appellee."
    ],
    "corrections": "",
    "head_matter": "Robert Turner, Plaintiff-Appellee, v. George Boston, Defendant-Appellant.\n(No. 71-227;\nFifth District\nMarch 21, 1973.\nEldon Durr, of Durr & Durr, of Edwardsville, for appellant.\nWilliam F. Kinder, of Kinder, Scroggins & Kinder, of Granite City, for appellee."
  },
  "file_name": "0453-01",
  "first_page_order": 477,
  "last_page_order": 479
}