{
  "id": 5381860,
  "name": "Albert A. Newman, Defendant in Error, v. Newman Clock Company, Plaintiff in Error",
  "name_abbreviation": "Newman v. Newman Clock Co.",
  "decision_date": "1915-02-03",
  "docket_number": "Gen. No. 19,193",
  "first_page": "343",
  "last_page": "344",
  "citations": [
    {
      "type": "official",
      "cite": "191 Ill. App. 343"
    }
  ],
  "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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    "ocr_confidence": 0.561,
    "pagerank": {
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    "sha256": "33d8297666d4efe099aa306fd0fefd0403ebcf8853b258e1ddc7aec539be4d40",
    "simhash": "1:c7f9520d918ff06e",
    "word_count": 348
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  "last_updated": "2023-07-14T16:18:11.463405+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Albert A. Newman, Defendant in Error, v. Newman Clock Company, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Me. Justice Graves\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Me. Justice Graves"
      }
    ],
    "attorneys": [
      "Amos W. Marston, for plaintiff in error.",
      "Elmer E. Jackson and Newman, Levinson, Becker & Cleveland, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Albert A. Newman, Defendant in Error, v. Newman Clock Company, Plaintiff in Error.\nGen. No. 19,193.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. Harry M. Fisher, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.\nReversed.\nOpinion filed February 3, 1915.\nRehearing denied February 18, 1915.\nStatement of the Case.\nAction by Albert A. Newman against Newman Clock Company, a corporation, to recover monthly instalments of salary due under a written contract of employment. From a judgment on a directed verdict in favor of plaintiff for seven hundred and fifty dollars, defendant brings error.\nAmos W. Marston, for plaintiff in error.\nElmer E. Jackson and Newman, Levinson, Becker & Cleveland, for defendant in error.\nAbstract of the Decision.\n1. Contracts, \u00a7 294 \u2014performance as condition precedent to recovery on. Where a plaintiff causes the record to show that he elects to stand by his amended and supplemental bill and permits the same to be dismissed for want of jurisdiction at his costs and appeals on the record to reverse the order appealed from, it constitutes such a breach of his covenant to \u201cforthwith discontinue\u201d all suits against defendant as to preclude his recovery for salary on a written contract of employment containing such covenant for discontinuance of all suits.\n2. Contracts, \u00a7 294*\u2014sufficiency of performance to assert rights. Where under a written contract of employment it is agreed that all suits brought by plaintiff against a. defendant corporation and its directors, or any of them, and by defendant corporation against said plaintiff shall be forthwith- discontinued without costs to either party as against the other, plaintiff will not be heard to'say that his appeal from an order of the Federal courts was to permit a proper adjudication as to the disposition of funds in the hands of a receiver, in an action by him to recover unpaid instalments of his salary.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number. ."
  },
  "file_name": "0343-01",
  "first_page_order": 387,
  "last_page_order": 388
}