{
  "id": 2880940,
  "name": "A. L. Schultz and A. F. Schultz, trading as A. L. Schultz & Son, Defendants in Error, v. Herbert Deeming, Plaintiff in Error",
  "name_abbreviation": "Schultz v. Deeming",
  "decision_date": "1915-10-05",
  "docket_number": "Gen. No. 20,632",
  "first_page": "513",
  "last_page": "514",
  "citations": [
    {
      "type": "official",
      "cite": "194 Ill. App. 513"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 166,
    "char_count": 2337,
    "ocr_confidence": 0.55,
    "sha256": "e550ad5dffac57c7178ddc39d33d17030a38ad68da383647fe71f085c79e91e9",
    "simhash": "1:815c48b4708bb2bc",
    "word_count": 402
  },
  "last_updated": "2023-07-14T16:49:21.752065+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "A. L. Schultz and A. F. Schultz, trading as A. L. Schultz & Son, Defendants in Error, v. Herbert Deeming, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Baker\ndelivered the opinion of the court.\n3. Guaranty, \u00a7 34*\u2014when evidence insufficient to establish. In an action to recover for goods supplied to a third person, under an agreement which the statement of claim describes both as a sale and as a guaranty that such third person would pay for the goods, evidence held to show a sale to defendant, and not a guaranty.\n4. Saxes, \u00a7 329*\u2014when evidence sufficient to show. In an action to recover for goods supplied to a third person by direction of defendant, which contract defendant denied that he made, held that a finding for plaintiff was properly made on the evidence.",
        "type": "majority",
        "author": "Mr. Justice Baker"
      }
    ],
    "attorneys": [
      "Martin L. Wilborn, for plaintiff in error; John W. Sutton, of counsel.",
      "Vincent D. Wyman, Otto W. Jurgens and Charles E. Carpenter, for defendants in error."
    ],
    "corrections": "",
    "head_matter": "A. L. Schultz and A. F. Schultz, trading as A. L. Schultz & Son, Defendants in Error, v. Herbert Deeming, Plaintiff in Error.\nGen. No. 20,632.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. Henry C. Beitler, Judge, presiding.\nHeard in this court at the October term, 1914.\nAffirmed.\nOpinion filed October 5, 1915.\nAbstract of the Decision.\n1. Municipal Court of Chicago, \u00a7 13 \u2014when statement of claim contradictory. An averment in a statement of claim that goods were sold to defendant at his request, coupled with a subsequent averment that the goods were delivered to a third person by direction of defendant, and that defendant guarantied payment for the goods, is contradictory, as setting up both a contract of sale and a contract of guaranty.\n2. Guaranty, \u00a7 1 \u2014how term defined. A guaranty is a promise to answer for the payment of a debt, or the performance of a duty, by another, who is himself, in the first instance, liable for such payment or performance.\nStatement of the Case.\nAction by A. L. Schultz and A. F. Schultz, trading as A. L. Schultz & Son, plaintiffs, against Herbert Deeming, defendant, in the Municipal Court of Chicago, to recover on a contract for goods sold and delivered. To reverse a judgment for plaintiffs for one hundred and sixty dollars, defendant prosecutes this writ of error.\nMartin L. Wilborn, for plaintiff in error; John W. Sutton, of counsel.\nVincent D. Wyman, Otto W. Jurgens and Charles E. Carpenter, for defendants in error.\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": "0513-01",
  "first_page_order": 535,
  "last_page_order": 536
}