{
  "id": 2881553,
  "name": "George J. Haberer, Defendant in Error, v. G. W. Kunstman, Plaintiff in Error",
  "name_abbreviation": "Haberer v. Kunstman",
  "decision_date": "1915-06-17",
  "docket_number": "Gen. No. 20,159",
  "first_page": "306",
  "last_page": "307",
  "citations": [
    {
      "type": "official",
      "cite": "194 Ill. App. 306"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 208,
    "char_count": 2506,
    "ocr_confidence": 0.55,
    "sha256": "e19bbcfd5dbfc470dc2a01a1bb52b6cb911394710afe301226a1e15849d311dc",
    "simhash": "1:e9745974b087b2f4",
    "word_count": 414
  },
  "last_updated": "2023-07-14T16:49:21.752065+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "George J. Haberer, Defendant in Error, v. G. W. Kunstman, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Fitch\ndelivered the opinion of the-court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Fitch"
      }
    ],
    "attorneys": [
      "S. L. & Fred Lowenthal, for plaintiff in error.",
      "Mattter & Hutson, for defendant in error; William A. Sheehan, of counsel."
    ],
    "corrections": "",
    "head_matter": "George J. Haberer, Defendant in Error, v. G. W. Kunstman, Plaintiff in Error.\nGen. No. 20,159.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. Charles H. Bowles, Judge, presiding.\nHeard in the Branch Appellate Court at the March term, 1914.\nAffirmed.\nOpinion filed June 17, 1915.\nStatement of the Case.\nAction by George J. Haberer against G. W. Kunstman to recover a real estate broker\u2019s commission, as provided for by a written contract for the exchange of real estate executed by the defendant and a man named Sultan, by the terms of which the latter agreed to convey his property to defendant, subject to an incumbrance of $10,500 on the property, which the defendant agreed to assume. From a judgment of $600 in favor of the plaintiff the defendant brings a writ of error.\nThe evidence showed that when the title was examined it appeared that the property was incumbered by two trust deeds, aggregating $10,500, instead of one; whereupon the defendant refused to consummate the exchange, claiming that this fact made a material difference.\nAbstract of the Decision.\n1. Appeal and ebbob, \u00a7 1245 \u2014invited error. Where, in an action to recover commissions for effecting a contract for an exchange of realty, the defendant gave evidence of conversations relating to incumbrances which took place before the execution of the contract, and the defendant introduced contradictory testimony, the defendant cannot predicate error since it was invited by him.\n2. Bbokebs, \u00a7 55 \u2014when defect in title does not deprive broker of commissions. A broker who effects a contract for the exchange of realty is entitled to his commissions, although the transaction is not consummated because of defects in title.\n3. Vendob and pubchaseb, \u00a7 139 \u2014when agreement to take subject to incumbrance includes two trust deeds. That an incumbrance constituted of two trust deeds is not a good objection to a title which a person contracted to take in exchange for realty, subject to an incumbrance of a stipulated amount which was the total of the two trust deeds.\n4. Co\u00f1tbacts, \u00a7 171 \u2014when entire instrument considered in construing contract. In construing a contract, effect must be given to all of its language.\nS. L. & Fred Lowenthal, for plaintiff in error.\nMattter & Hutson, for defendant in error; William A. Sheehan, of counsel.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0306-01",
  "first_page_order": 328,
  "last_page_order": 329
}