{
  "id": 2828850,
  "name": "F. W. Norwood and T. Y. Hamilton, trading as Lumber Shippers Storage & Commission Company, Defendants in Error, v. Maremont, Wolfson & Cohen Company, Plaintiff in Error",
  "name_abbreviation": "Norwood v. Maremont, Wolfson & Cohen Co.",
  "decision_date": "1913-10-09",
  "docket_number": "Gen. No. 18,341",
  "first_page": "78",
  "last_page": "79",
  "citations": [
    {
      "type": "official",
      "cite": "182 Ill. App. 78"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 203,
    "char_count": 2530,
    "ocr_confidence": 0.562,
    "sha256": "f31c736bfe773b51d0147dd2b08e4c0bdc25caf14ffa4e1e9bdbd4b2758336c6",
    "simhash": "1:c25ba90675fe527d",
    "word_count": 434
  },
  "last_updated": "2023-07-14T17:04:20.195306+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "F. W. Norwood and T. Y. Hamilton, trading as Lumber Shippers Storage & Commission Company, Defendants in Error, v. Maremont, Wolfson & Cohen Company, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Fitch\ndelivered the opinion of the court.\nAbstract of the Decision.\n1. Sales, \u00a7 146 \u2014remedy of buyer when goods of different quality than ordered. When the goods delivered are of a different quality of description than ordered, the buyer\u2019s remedy, in the absence of a warranty, is to refuse to accept the goods when delivered or to return them within a reasonable time.\n2. Sales, \u00a7 155*\u2014when buyer waives right to object to the quality of goods delivered. Buyer waives right to assert that goods were of a different quality than ordered where he does not refuse to accept them when delivered or does not return them within a reasonable time; but the rule does not apply to bind the buyer either as to the quantity or the price.\n3. Sales, \u00a7 155*\u2014when objection to quality of goods delivered, no defense to action for price. Buyer accepting goods and appropriating them to his own use cannot defeat action for purchase price because the goods are not of the quality or description ordered.\n4. Sales, \u00a7 325*\u2014burden of proof. In action for price of lumber sold and delivered, plaintiff has burden of proving the quantity delivered and also the price agreed to be paid or its market value.\n5. Appeal and error, \u00a7 1585*\u2014when error may be cured by remittitur. On writ of error from a judgment for $278.81, an error in overruling a motion for a new trial may be cured by a remittitur of $93.96 where the record shows an admission of plaintiff in error that defendant in error is entitled to $184.85.",
        "type": "majority",
        "author": "Mr. Justice Fitch"
      }
    ],
    "attorneys": [
      "Edward R. Litzinger, for plaintiff in error.",
      "Fred H. Atwood, Frank B. Pease and Charles O. Louoks, for defendants in error; Burrell J. Cramer, of counsel."
    ],
    "corrections": "",
    "head_matter": "F. W. Norwood and T. Y. Hamilton, trading as Lumber Shippers Storage & Commission Company, Defendants in Error, v. Maremont, Wolfson & Cohen Company, Plaintiff in Error.\nGen. No. 18,341.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. William N. Gemmill, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1912.\nAffirmed on remittitur.\nOpinion filed October 9, 1913.\nStatement of the Case.\nAction by F. W. Norwood and T. Y. Hamilton, doing business under the firm name of Lumber Shippers Storage & Commission Co., against Maremont, Wolf-son & Cohen Company, a corporation, to recover for lumber sold and delivered to defendant. From a judgment for plaintiffs of two hundred seventy-eight dollars and eighty-one cents, defendant brings error.\nEdward R. Litzinger, for plaintiff in error.\nFred H. Atwood, Frank B. Pease and Charles O. Louoks, for defendants in error; Burrell J. Cramer, of counsel.\nSee Illinois Notes Digest, Vols. XI to XIV, same topic and section number."
  },
  "file_name": "0078-01",
  "first_page_order": 102,
  "last_page_order": 103
}