{
  "id": 880134,
  "name": "Jacob Malinovich and Esther Malinovich, Defendants in Error, v. George J. Cooke Company, Plaintiff in Error",
  "name_abbreviation": "Malinovich v. George J. Cooke Co.",
  "decision_date": "1913-06-24",
  "docket_number": "Gen. No. 17,535",
  "first_page": "458",
  "last_page": "459",
  "citations": [
    {
      "type": "official",
      "cite": "181 Ill. App. 458"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 142,
    "char_count": 1712,
    "ocr_confidence": 0.514,
    "sha256": "9f037959f78b4d228c87f9af4731958955d5456603a27b28b731a56e5b369389",
    "simhash": "1:eb678c995984f89c",
    "word_count": 293
  },
  "last_updated": "2023-07-14T18:28:55.892129+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Jacob Malinovich and Esther Malinovich, Defendants in Error, v. George J. Cooke Company, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Barnes\ndelivered the opinion of the court.\nThe only alleged error relied on in the brief and argument of plaintiff in error, defendant below, is that the court directed a verdict for the plaintiffs at the close of all the evidence. The suit was brought to recover rent of plaintiff in error as lessee under a written lease. The lessee was exempt from liability for rent if at any time during the term of the lease, as stated therein, a \u201ccity of Chicago saloon license cannot be obtained for these premises.\u201d It is contended that there was testimony tending to support the defense that one could not be obtained. There was evidence tending to show certain futile efforts to obtain one. But such evidence was unavailing in view of positive evidence by defendant\u2019s own witness and agent to the very contrary of its contention. As no other question is involved, the judgment is affirmed.\nAffirmed.",
        "type": "majority",
        "author": "Mr. Justice Barnes"
      }
    ],
    "attorneys": [
      "Harry A. Daugherty, for plaintiff in error.",
      "William A. Cunnea and Joseph P. Rafferty, for defendants in error."
    ],
    "corrections": "",
    "head_matter": "Jacob Malinovich and Esther Malinovich, Defendants in Error, v. George J. Cooke Company, Plaintiff in Error.\nGen. No. 17,535.\nLandlord and tenant\u2014liability for rent. In an action to recover rent under a written lease which provides that the lessee shall be exempt from liability for rent if at any time during the term a saloon license cannot be obtained for the. premises, it is proper to direct a verdict for plaintiff where the evidence does not support the defense that a license could not be obtained.\nError to the Municipal Court of Chicago; the Hon. Freeman K. Blake, Judge, presiding.\nHeard in the Branch Appellate Court at the October term, 1911.\nAffirmed.\nOpinion filed June 24, 1913.\nHarry A. Daugherty, for plaintiff in error.\nWilliam A. Cunnea and Joseph P. Rafferty, for defendants in error."
  },
  "file_name": "0458-01",
  "first_page_order": 484,
  "last_page_order": 485
}