{
  "id": 5386832,
  "name": "E. L. Scott and W. F. Gaumer, Appellants, v. J. Ogden O'Hair, Appellee",
  "name_abbreviation": "Scott v. O'Hair",
  "decision_date": "1914-05-05",
  "docket_number": "",
  "first_page": "26",
  "last_page": "27",
  "citations": [
    {
      "type": "official",
      "cite": "188 Ill. App. 26"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "simhash": "1:ff63a862f80b3428",
    "word_count": 493
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  "last_updated": "2023-07-14T18:17:45.032867+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "E. L. Scott and W. F. Gaumer, Appellants, v. J. Ogden O\u2019Hair, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding J' lompson\ndelivered the opinion of the cour\n2. Bbokbbs, \u00a7 95*\u2014when instruction supported hy the evidence. In an action to recover commissions for procuring an exchange of defendant\u2019s Illinois land for Arkansas land, instructions given for defendant to the effect that if the jury believed plaintiffs were acting as the agents of Arkansas parties in procuring the exchange without disclosing that fact to defendant, the plaintiffs were not entitled to recover, held not erroneous for the reason there was no evidence in the record on which to base them, where the preponderance of the evidence tended to show that plaintiffs were endeavoring to sell Arkansas land to defendant and the trade of defendant\u2019s land was only an incident to the sale of the Arkansas land.\n3. New tbial, \u00a7 58 \u2014when inadequacy of damages not ground for. A new trial for inadequacy of damages will not be allowed on the motion of the prevailing party when, in the judgment of the court, the verdict should have been against him.\nScholeield, J., took no part in the decision of this case.",
        "type": "majority",
        "author": "Mr. Presiding J' lompson"
      }
    ],
    "attorneys": [
      "W. H. Clinton an : vopp, for appellants.",
      "H. S. Tanner and lee. W. Kincaid, for appel-"
    ],
    "corrections": "",
    "head_matter": "E. L. Scott and W. F. Gaumer, Appellants, v. J. Ogden O\u2019Hair, Appellee.\n(Not to Ibe reported in full.)\nATbstrr , Decision.\n1. Brokers, \u00a7 92 \u2014wh. of the evidence. In an act' an exchange of land for o of plaintiffs held not so i the evidence, where there tiffs were acting in the ; of verdict not against weight over commissions for negotiating , the amount of a verdict in favor ite as to he against the weight of 'dence tending to show that plain-of other parties and not for the defendant, so that they would not he entitled to commissions, and the jury might have awarded the amount of the verdict on evidence of a promise made by defendant to pay plaintiffs something for the expenses incurred.\nAppeal from the Circuit Court of Edgar county; the Hon. William B. Scholfield, Judge, presiding. Heard in this court at the October term, 1913.\nAffirmed.\nOpinion filed May 5, 1914.\nStatement of the Case.\nAction in assumpsit by E. L. Scott and W. F. Graumer against J. Ogden O\u2019Hair to recover commissions for services claimed to have been performed by plaintiffs for defendant as real estate agents. The declaration consisted of the common counts, with which plaintiffs filed a bill of particulars: \u201cTo commissions in assisting in the exchange of lands of defendant in Edgar county, Illinois, for the lands in the State of Arkansas, and cash $2,500.\u201d The jury returned a verdict in favor of plaintiffs for $50, and judgment was entered on the verdict. Plaintiffs not being satisfied with the amount of the verdict, appeal.\nW. H. Clinton an : vopp, for appellants.\nH. S. Tanner and lee. W. Kincaid, for appel-\nSee Illinois Notes Digest, ' to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vols XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0026-01",
  "first_page_order": 46,
  "last_page_order": 47
}