{
  "id": 5383362,
  "name": "Levitan Lumber Company, Defendant in Error, v. Max Yegendorf et al., Plaintiffs in Error",
  "name_abbreviation": "Levitan Lumber Co. v. Yegendorf",
  "decision_date": "1915-02-24",
  "docket_number": "Gen. No. 19,723",
  "first_page": "454",
  "last_page": "455",
  "citations": [
    {
      "type": "official",
      "cite": "191 Ill. App. 454"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 178,
    "char_count": 2306,
    "ocr_confidence": 0.534,
    "sha256": "c23ed44182304e52ba5f6b8c0a4e151690ff76f9235a114c2057c9f5ac6f7fb0",
    "simhash": "1:8177ae94140f60a4",
    "word_count": 390
  },
  "last_updated": "2023-07-14T16:18:11.463405+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Levitan Lumber Company, Defendant in Error, v. Max Yegendorf et al., Plaintiffs in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Barnes\ndelivered the opinion of the court.\n2. Sales, \u00a7 332 \u2014when judgment for value of goods sold must he reversed. Where in an action to recover for the reasonable value of lumber alleged to have been sold and delivered to defendant there was no evidence whatever of quantity, quality or value of same, a judgment in favor of plaintiff must be reversed, there being no contention that a price was agreed upon between the parties.\n3. Sales, \u00a7 327*\u2014what evidence insufficient to prove quantity and value of goods sold. In an action for the reasonable value of goods alleged to have been sold to defendant, proof merely of the amount of the bill entered on plaintiff\u2019s books is insufficient to prove the quantity, quality or value of the goods sold.",
        "type": "majority",
        "author": "Mr. Presiding Justice Barnes"
      }
    ],
    "attorneys": [
      "William J. Dillon, for plaintiffs in error.",
      "Heldman, Jackson & Graff, for defendant in error; Lewis F. Jacobson, of counsel."
    ],
    "corrections": "",
    "head_matter": "Levitan Lumber Company, Defendant in Error, v. Max Yegendorf et al., Plaintiffs in Error.\nGen. No. 19,723.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Appeal and ebroe, \u00a7 372 \u2014when invalidity of contract under Statute' of Frauds not considered. Where the question as to the invalidity of an oral contract under the Statute of Frauds was not raised below, it will not be considered for the first time in the Appellate Court.\nError to the Municipal Court of Chicago; the Hon. Thomas F. Scully, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.\nReversed and remanded.\nOpinion filed February 24, 1915.\nStatement of the Case.\nAction by Levitan Lumber Company against Max Tegendorf and another to recover the sum of $65.15, averred by the statement, of claim to have been \u201cthe current market price of lumber delivered to a building of the defendant, Max Tegendorf,\u201d for which it was alleged both he and one Balonik, his contractor, promised to pay. Tegendorf\u2019s affidavit of defense alleged that the goods were not ordered by nor delivered to him, but were sold to Balonik, and that he never so promised. From a judgment for plaintiff, defendant, Tegendorf, brings error.\nWilliam J. Dillon, for plaintiffs in error.\nHeldman, Jackson & Graff, for defendant in error; Lewis F. Jacobson, of counsel.\nSee Illinois Notes Digest, Vols. XI 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": "0454-01",
  "first_page_order": 498,
  "last_page_order": 499
}