{
  "id": 2552336,
  "name": "George Barrie and Robert Barrie, co-partners, etc., v. Mrs. George C. Jerome",
  "name_abbreviation": "Barrie v. Jerome",
  "decision_date": "1904-03-01",
  "docket_number": "Gen. No. 10,951",
  "first_page": "329",
  "last_page": "331",
  "citations": [
    {
      "type": "official",
      "cite": "112 Ill. App. 329"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 366,
    "char_count": 6091,
    "ocr_confidence": 0.567,
    "pagerank": {
      "raw": 5.207966869300525e-08,
      "percentile": 0.32808997744656154
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    "sha256": "b9634745d16a8119f7540d6a54fcd01481d9973a5da318b5ec323f60b69d9818",
    "simhash": "1:4e29c7fde8338f34",
    "word_count": 1016
  },
  "last_updated": "2023-07-14T20:42:28.128679+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "George Barrie and Robert Barrie, co-partners, etc., v. Mrs. George C. Jerome."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Baker\ndelivered the opinion of the court.\nAppellee contends that the contractivas entire and that plaintiffs cannoVrecover on proof of part performance. The contract is one entire agreementToTake one copy of a certain edition of Balzac\u2019s novels made up of fifty-one volumes, and not a contract containing fifty-one distinct agreements, each to take one volume of said edition. But a contract may be entire and the performance, several. \u201c Confusion is often caused by failure to observe the distinction between several contracts and a divisible, separable or appbrtionable contract. An apportion able contract enables a certain part of the payment or performance on one side to be recovered before the whole consideration has been given by the other side, but there is nevertheless but a single contract.\u201d 1 Parsons\u2019 Con., 9th Ed., 673 bottom paging.\nAppellee agreed to pay for the books \u201c on delivery at the rate of $6.50 per volume.\u201d In the \u201c conditions of subscription \u201d it was stated that the works would be issued \u201c at the rate of two volumes per month.\u201d We have then the case where a set of books containing fifty-one volumes to be issued at the rate of two volumes per month, is subscribed for and the subscriber agrees \u201c to pay on delivery at the rate of $6.50 per volume.\u201d In our opinion the provision that the books \u201c will be issued at the rate of two volumes per month \u201d means that they will be issued or delivered to subscribers at the rate of two volumes per month, and the promise on the part of appellee to pay for the \u201c books on delivery at the rate of $6.50 per volume \u201d is a promise to pay for the volumes as delivered, and not a promise to pay when the complete set is delivered, and therefore the action for the price of the volumes delivered can be maintained.\nAppellee also insists, that the order in question was obtained by means of the false and fraudulent representations of the agent or solicitor of appellants. In support of this contention appellee testified that at the time she gave the order the solicitor of appellants told her that the works of Balzac were \u201c nice books, books that her children would love to read and that they would be nice to have in the library.\u201d These statements were at most the expressions of the opinion of the solicitor as to the character of the writings of Balzac, upon which appellee had no right to rely, and if she did rely upon them it was her own indiscretion. There is not in the statements of the solicitor to appellee as testified to by the latter, a statement of a fact that could amount to a fraudulent representation.\nAs there was no evidence of fraud or deceit on the part of appellants in obtaining the order in question, it was error to submit to the jury the question whether such order was obtained by fraud and deceit.\nThe judgment will be reversed and the cause remanded.\nReversed and remanded.",
        "type": "majority",
        "author": "Mr. Justice Baker"
      }
    ],
    "attorneys": [
      "Follansbee & Follansbee, for appellants.",
      "Pierson & Pease, for appellee."
    ],
    "corrections": "",
    "head_matter": "George Barrie and Robert Barrie, co-partners, etc., v. Mrs. George C. Jerome.\nGen. No. 10,951.\n1. Contract\u2014when, is entire, notwithstanding performance is several. A contract by which a party -becomes a subscriber to a set of books to be delivered one volume at a time and agrees to pay therefor on delivery at the rate of so much per volume, is an entirety, notwithstanding performance is several.\n3. Part performance\u2014when recovery may he had upon contract notwithstanding. The owner of such a contract as that referred to in the preceding paragraph of this syllabus may recover for any volume or volumes delivered and unpaid for, notwithstanding delivery of all the volumes in the set may not have been made.\n3. False representations \u2014 what statements do not constitute, within the meaning of the laio. Where a book agent, selling a set of Balzac\u2019s works, speaks of them as \u201c nice books,\u201d \u201c books that children would love to read,\u201d etc., he thereby makes representations of mere matters of opinion which do not constitute false representations within the meaning of the law.\nAction of assumpsit. Appeal from the Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1903.\nReversed and remanded.\nOpinion filed March 1, 1904.\nStatement by the Court. August 15, 1900, appellants brought assumpsit against appellee for the price of thirty-five volumes of the novels of Honor\u00e9 de Balzac, part of a set of fifty-one volumes for which appellee, Hovember 1, 1898, gave the following order ;\n\u201c Edition De Tours : The only complete and unabridged translation of\nThe Hovels of Honor\u00e9 De Balzac: Scenes of Parisian Life. 11 Yols.; of Private Life. 11 Yols.; of Provincial Life, 10 Yols.; of Military, Political and Country' Life, 8 Yols.; Philosophical and Analytical Hovels and Repertory, 11 Yols.; Total, 51 Yols.\nConditions of Subscription : The works will be issued in the above enumerated order, at the rate of two volumes per month. Illustrated with about two hundred and fifty etchings, printed on Japan paper, by Eaivre, Los Rios, Oudart, LeSueur, De Billy, Deblois, Duboucliet, Mongin, Gaujean, Gery-Bichard, Decisy, Toussaint, Nargeot, Lambert, and Jeannin; after drawings by Adrienmoreau, Toudouze, Oortazzo, Bobaudi, Vidal, Fournier, Cain, and Bussiere. The volumes will be printed on deckle-edge paper, handsomely bound in extra half levant, gilt top. The subscription is for one complete copy, as issued, and no other conditions or . representations than those herewith printed will be binding upon the subscriber or publishers.\nTo George Barrie & Son, Publishers, Philadelphia:\nPlease enter mv name as a subscriber for one, complete copy of Honor\u00e9 de Balzac\u2019s Novels, Edition de Tours, as described above, in fifty-one volumes, for which I agree to pay on delivery, at the rate of $6.50 per volume.\nMrs. G. C. Jerome.\u201d\nAppellant delivered to appellee twentymins, of._Jhe volumes so ordered December 6,189S, and four more in August, 1900. There was a verdict for defendant in the Superior Court and judgment thereon, from which this appeal was taken.\nFollansbee & Follansbee, for appellants.\nPierson & Pease, for appellee."
  },
  "file_name": "0329-01",
  "first_page_order": 347,
  "last_page_order": 349
}