{
  "id": 5369984,
  "name": "A. C. McClurg & Company, Appellee, v. Herbert O. Tomlinson et al., Appellants",
  "name_abbreviation": "A. C. McClurg & Co. v. Tomlinson",
  "decision_date": "1914-04-21",
  "docket_number": "Gen. No. 19,366",
  "first_page": "55",
  "last_page": "56",
  "citations": [
    {
      "type": "official",
      "cite": "186 Ill. App. 55"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 278,
    "char_count": 3725,
    "ocr_confidence": 0.526,
    "sha256": "39d495a757fc4c29787883e8c6ff8e5690f76f78220ea37577a286ea7fcb5d64",
    "simhash": "1:c884f95ac088bd05",
    "word_count": 616
  },
  "last_updated": "2023-07-14T19:18:25.002075+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "A. C. McClurg & Company, Appellee, v. Herbert O. Tomlinson et al., Appellants."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Barnes\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice Barnes"
      }
    ],
    "attorneys": [
      "Frank L. DeLay, for appellants.",
      "Shepard, McCormick & Thomason, for appellee."
    ],
    "corrections": "",
    "head_matter": "A. C. McClurg & Company, Appellee, v. Herbert O. Tomlinson et al., Appellants.\nGen. No. 19,366.\n(Not to be reported in full.)\nAppeal from the Municipal Court of Chicago; the Hon. James C. Martin, Judge, presiding.\nHeard in the Branch Appellate Court at the March term, 1913.\nAffirmed.\nOpinion filed April 21, 1914.\nStatement of the Case.\nAction by A. C. McCIurg & Company against Herbert O. Tomlinson and W. Y. C. Humes, copartners trading as H. O. Tomlinson & Company, to recover the purchase price of certain books sold and delivered to the defendants among which was a set of the works of Charles Dickens. Defendants claimed that plaintiff warranted the set of Dickens to be a complete set of first editions of his published works. From a judgment in favor of plaintiff disallowing the claim of defendants, defendants appeal.\nThe contract of sale was in writing. It was embodied in four separate documents,\u2014a letter to defendants from plaintiff\u2019s agent, George M. Chandler, written from London, July 6, 1909, describing the\u2019 set in question, and stating the terms on which it could be had; an inclosure therewith from one of plaintiff\u2019s catalogues; a cablegram from defendants to Chandler, dated July 17,1909, saying, \u201cBuy Dickens and letters,\u201d and their letter of July 23rd, confirming the cablegram.\nThe letter of July 6th, so far as pertinent, reads:\n\u201cI am pleased to report that I have found a set of First Editions of Dickens, 67 volumes in the original bindings as published. The titles and dates correspond with the set we, had several years ago, a description of which we enclose herewith, cut from one of our catalogues. The set is in fine condition.\nHave secured an option on the set for two weeks. Will you therefore please cable me should you decide to have me buy and bind it for you\u2014complete sets are exceedingly scarce and difficult to make up and I would strongly recommend you to let me secure this one for you. * * * \u201d\nThe pertinent part of the \u201ccut\u201d referred to reads as follows:\n\u201cDickens (Charles) Works, including his life. Complete set of First Editions, with all the great number of clever illustrations, * * * 67 volumes * * * sumptuously bound by Riviere in * * * levant morocco * * * nearly all the volumes with the original cloth or paper covers bound in at the ends. London, 1836-82. $2,000.00. ,\nThe set comprises-\u201d\n(Here follows a special description of each volume with details as to illustrations, binding, title, date of publication, etc.)\nThe only pertinent part of defendants\u2019 confirmatory letter reads: \u201cI am sending this letter along as a confirmation of the cablegram, authorizing you to purchase for us the first edition of Dickens, sixty-seven volumes, to be bound by Riviere in red levant.\u201d\nFrank L. DeLay, for appellants.\nShepard, McCormick & Thomason, for appellee.\nAbstract of the Decision.\n1. Sales, \u00a7 238 \u2014when contract for sale of boohs contains no warranty as to editions. A contract in writing for the sale of a set of Charles Dickens\u2019 works, embodied in four separate documents,\u2014 a letter written to the buyer; an inclosure therein of a cut from one of the seller\u2019s catalogues; a cablegram from the seller; and a letter from the seller confirming the cablegram, held unambiguous and to contain no warranty that the set sold was a \u201ccomplete set of First Editions.\u201d\n2. Evidence \u00a7 322 \u2014when conversations inadmissible to explain written contract. Conversations had between seller and buyer before and after a contract of sale held inadmissible to explain the contract where it is in writing and complete and unambiguous.\nSee Illinois.Notes Digest, Vols. XI to XV and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0055-01",
  "first_page_order": 101,
  "last_page_order": 102
}