{
  "id": 2615578,
  "name": "Arnold Holinger et al. v. W. C. Phillips",
  "name_abbreviation": "Holinger v. Phillips",
  "decision_date": "1908-03-20",
  "docket_number": "Gen. No. 13,860",
  "first_page": "317",
  "last_page": "319",
  "citations": [
    {
      "type": "official",
      "cite": "140 Ill. App. 317"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "139 Ill. 151",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        3007462
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/139/0151-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 186,
    "char_count": 2501,
    "ocr_confidence": 0.503,
    "pagerank": {
      "raw": 2.0446031217563963e-07,
      "percentile": 0.7506134527534231
    },
    "sha256": "b5bb2a6128ed379104356de2d47e2823aacf2aacd569921ec2b706459d2c5800",
    "simhash": "1:ab357cec328abcd2",
    "word_count": 440
  },
  "last_updated": "2023-07-14T17:04:04.800732+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Arnold Holinger et al. v. W. C. Phillips."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Baker\ndelivered the opinion of the court.\nThis is an appeal by the defendants from a judgment for $1,562.50 recovered against them by appellee in an action of assumpsit. The cause of action set up in the special count of the declaration and sought to be proved by the plaintiff on the trial was that the defendants, having for sale as brokers certain property in Chicago belonging to Braun and Fitts, promised the plaintiff that if he would find a purchaser for the same, they would pay him one-half of two and a half per cent, of \u201cthe consideration paid by the purchaser,\u201d and that he did procure a purchaser for said property who paid therefor a consideration of $125,000.\nThe amount of the recovery was two and a half per cent, of $125,000, and to sustain the judgment the evidence must therefore be sufficient to warrant a finding by the jury that the plaintiff did procure a purchaser for said property, and that the purchaser paid therefor $125,000.\nThe only evidence for the plaintiff was his own testimony and a certified copy of a deed of the property from Braun and Fitts to Eliza A. Ware, reciting a consideration of $125,000. Plaintiff testified that he introduced Mr. E. C. Ware to one of the defendants, and in answer to a juror testified that Eliza A. Ware, the grantee, was the wife of a brother of Mr. E. 0. Ware. The evidence, we think, fails to show that plaintiff procured a purchaser for the property.\nIt also fails to show the amount of the consideration paid for the property by Eliza A. Ware. The recitals in the deed of the consideration are but hearsay when offered, as in this case, against a stranger to the deed, O\u2019Hare v. C., M. & N. R. R. Co., 139 Ill. 151.\nThere is in the record no competent evidence tending to show the consideration paid by the purchaser for the property.\nFor the reasons indicated the judgment will be reversed and the cause remanded.\nReversed and, remanded.",
        "type": "majority",
        "author": "Mr. Presiding Justice Baker"
      }
    ],
    "attorneys": [
      "Chester Firebaugh, for appellants.",
      "Benjamin Levering, for appellee."
    ],
    "corrections": "",
    "head_matter": "Arnold Holinger et al. v. W. C. Phillips.\nGen. No. 13,860.\nEvidence\u2014effect of recitals of deed. In an action for real estate commissions the recitals of the deed as to the consideration are mere hearsay and do not tend to establish the purchase price paid by the vendor to the vendee.\nAssumpsit. Appeal from the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding.\nHeard in the Branch Appellate Court at the October term, 1907.\nReversed and remanded.\nOpinion filed March 20, 1908.\nChester Firebaugh, for appellants.\nBenjamin Levering, for appellee."
  },
  "file_name": "0317-01",
  "first_page_order": 335,
  "last_page_order": 337
}