{
  "id": 2587728,
  "name": "Charles Phillips v. Jacob Dowhower",
  "name_abbreviation": "Phillips v. Dowhower",
  "decision_date": "1903-07-18",
  "docket_number": "",
  "first_page": "50",
  "last_page": "52",
  "citations": [
    {
      "type": "official",
      "cite": "103 Ill. App. 50"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 218,
    "char_count": 2864,
    "ocr_confidence": 0.574,
    "sha256": "8731fcb4ba7b5d9b8fc4e1e197d79183960538bb0a8134d97315029b809b6cd3",
    "simhash": "1:f4f35d95c9cb8cc9",
    "word_count": 510
  },
  "last_updated": "2023-07-14T16:00:05.984899+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Charles Phillips v. Jacob Dowhower."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Higbee\ndelivered the opinion of the court.\nAppellant, a commission man in Pontiac, claims that on February 28, 1901, appellee placed in his hands a farm of 110 acres to be sold at $96 per acre; that he was given three months in which to make a sale, and was to have a commission of one dollar an acre for his services in case he succeeded; that early in April, 1901, he took a purchaser, Charles Flaeger, to appellee, who was ready and able to buy the farm at the price named; that he said to appellee, \u201c Mr. Dowhower, I have a buyer here; Mr. Flaeger is ready to take your farm at your price, $96 an acre;\u201d that Mr. Flaeger said \u201c Fes, I will take the farm;\u201d that appellee thereupon said, \u201c I took that farm out of your hands;' you can go to thunder; I am not going to sell my farm now;\u201d that appellee further said he could attend to his own business; that he would not sell his farm and that they could not make him sell it. Phillips shortly afterward brought suit against Dowhower before a justice of the peace for the commission of one dollar an acre claimed by him and was defeated.\nIn the Circuit Court, where Phillips took the case by appeal, Dowhower, at the close of plaintiff\u2019s evidence, requested the court to withdraw the evidence and instruct the jury to find the issues for the defendant. The court granted the motion, gave the instruction asked, and the jury found for the defendant.\nA motion for a new trial was overruled and judgment was entered against Phillips for costs, from which he appealed.\nWe are of opinion that the court below erred in directing a verdict in this case. Appellant\u2019s testimony, supported in certain respects by the testimony of the witnesses J. A. Blue, Charles , Flaeger and Henry F. Flaeger, tended to show that he was employed as a commission man by appellee; that he was to have a certain time in which to make a sale; that within the time limited he procured a purchaser who was both willing and able to buy the premises at the price named, and that appellee, without giving any sufficient reason, refused to complete the sale. Ho evidence was introduced to show a different state of facts or to contradict the testimony of the witnesses above named. Under such circumstances appellant had a right to have the cause submitted to the determination of a jury. The judgment is therefore reversed and the cause remanded for another trial.",
        "type": "majority",
        "author": "Mr. Justice Higbee"
      }
    ],
    "attorneys": [
      "W. C. Graves, attorney for appellant.",
      "A. C. Norton, attorney for appellee."
    ],
    "corrections": "",
    "head_matter": "Charles Phillips v. Jacob Dowhower.\n1. Brokers\u2014When Entitled to Commissions.\u2014A broker is entitled to his commissions when he has furnished a buyer who is ready, willing and able to purchase.\nAssumpsit.\u2014Appeal from the Circuit Court of Livingston County; the Hon. George W. Patton, Judge presiding. Heard in this court at the April term, 1903.\nReversed and remanded.\nOpinion filed July 18, 1903.\nW. C. Graves, attorney for appellant.\nA. C. Norton, attorney for appellee."
  },
  "file_name": "0050-01",
  "first_page_order": 80,
  "last_page_order": 82
}