{
  "id": 2652037,
  "name": "Christian Johnson et al., Defendants in Error, v. William H. McFadden, Plaintiff in Error",
  "name_abbreviation": "Johnson v. McFadden",
  "decision_date": "1909-03-04",
  "docket_number": "Gen. No. 14,301",
  "first_page": "337",
  "last_page": "339",
  "citations": [
    {
      "type": "official",
      "cite": "147 Ill. App. 337"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 200,
    "char_count": 3297,
    "ocr_confidence": 0.497,
    "sha256": "afac1a977fc5588fe1e061b89c007a9e8f031d8ebd4b1c5e189c4e951f9d3714",
    "simhash": "1:ad2ca5921b0812b7",
    "word_count": 556
  },
  "last_updated": "2023-07-14T19:09:17.407031+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Christian Johnson et al., Defendants in Error, v. William H. McFadden, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Adams\ndelivered the opinion of the court.\nThe plaintiffs, Christian Johnson and John Tolls-ton, sued the defendant, William H. McFadden, for a breach of warranty in the sale of a horse claimed to have been made by him to them. The canse was tried by the court, without a jury, and the court found for the plaintiffs and assessed their damages at $180, overruled defendant\u2019s motion for a new trial and rendered judgment on the finding.\nThe plaintiffs are partners and are engaged in the ice business, in the name \u201cThe Star Ice Co.\u201d The defendant is a dealer in horses and keeps a horse stable. The defendant\u2019s counsel claims that the finding of the court is contrary to the evidence. The plaintiff, Tollston, purchased the horse of Joseph A. Sherwin, at McFadden\u2019s stable, paid the purchase price, $180, to Sherwin and took Sherwin\u2019s receipt for the same. This is testified to both by Tollston and Sherwin. Tollston testified that McFadden was at the stable when he bought the horse of Sherwin, but he did not talk to McFadden. The horse not proving satisfactory to the plaintiffs, they, on a subsequent day, took it back to the stable, where they saw McFadden, and Tollston testified, as did also McFadden, that McFadden told them that that they would have to wait for Sherwin, who was absent, which they did, and all subsequent arrangements were with Sherwin.\nIt appears from the evidence, and is uncontradicted, that Sherwin is a horse dealer and had stall-room in McFadden\u2019s stable, and kept horses, there, including the one in question, and that the horse in question, which it is claimed was warranted sound, belonged to him. The plaintiffs both testify that McFadden called Sherwin his partner, which McFadden positively denies, and he and Sherwin testified that they were never in partnership. Tollston testified that the name on the stable was \u201cMcFadden\u2019s Sale Stable,\u201d and that the name \u201cMcFadden\u201d was on the window. There is not a particle of evidence that McFadden ever held himself out to the public as a partner of Sherwin. Moreover, the suit is not brought on the theory that McFadden and Sherwin are partners, or were such when the horse was purchased. If they were partners, then the sale and alleged warranty by Sherwin were the sale and warranty of both, and they would be jointly liable; but only McFadden is sued. The evidence is uncontradicted that Sherwin owned the horse, that Tollston, who purchased the horse, dealt solely with Sherwin; that he paid the purchase price to Sherwin and took a receipt therefor in Sherwin\u2019s name, and that Sherwin, if any one, warranted the horse.\nThe finding of the court is manifestly and palpably against the preponderance of the evidence, and the judgment will be reversed.\nReversed.",
        "type": "majority",
        "author": "Mr. Presiding Justice Adams"
      }
    ],
    "attorneys": [
      "Saul C. Erbstein, for plaintiff in error.",
      "Coleman S. Everett, for defendants in error."
    ],
    "corrections": "",
    "head_matter": "Christian Johnson et al., Defendants in Error, v. William H. McFadden, Plaintiff in Error.\nGen. No. 14,301.\nAppeals and errors\u2014when finding of court reversed. A finding by the court manifestly and palpably against the preponderance of the evidence will be reversed on review.\nError to the Municipal Court of Chicago; the Hon. Judson P. Going, Judge, presiding.\nHeard in this court at the March term, 1909.\nReversed.\nOpinion filed March 4, 1909.\nSaul C. Erbstein, for plaintiff in error.\nColeman S. Everett, for defendants in error."
  },
  "file_name": "0337-01",
  "first_page_order": 355,
  "last_page_order": 357
}
