{
  "id": 2881150,
  "name": "George J. Cooke Company, Appellee, v. Richard Hochmuth, Appellant",
  "name_abbreviation": "George J. Cooke Co. v. Hochmuth",
  "decision_date": "1915-10-05",
  "docket_number": "Gen. No. 20,901",
  "first_page": "626",
  "last_page": "627",
  "citations": [
    {
      "type": "official",
      "cite": "194 Ill. App. 626"
    }
  ],
  "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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  "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. Cooke Company, Appellee, v. Richard Hochmuth, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Gridley\ndelivered the opinion of the court.\nAbstract of the Decision.\n1. Damages, \u00a7 56 \u2014what measure for breach of contract. In an action to recover for failure to purchase and accept deliveries of beer under a written contract, where the contract showed that the beer was to be manufactured and delivered after the date of the contract, held that the measure of plaintiff\u2019s damages was the difference between the cost per barrel of manufacture and the contract price.\n2. Witnesses, \u00a7 21 \u2014when witness qualified. In an action where the measure of damages was the difference between the cost per barrel of manufacturing certain beer and the contract price therefor, and where plaintiff corporation\u2019s president testified from personal knowledge as to such cost, a motion to strike out such testimony held not erroneously denied, although witness had refreshed his memory as to the figures to which he testified by looking at the books of plaintiff corporation, which he knew to be correct, for the reason that the objection to the testimony went to the source and extent of witness\u2019 knowledge, and was not put on the ground that the books were the best evidence.\n3. Contracts, \u00a7 384 \u2014what evidence insufficient to show excuse for breach of contract. In an action to recover for the refusal to purchase and accept deliveries of beer under a written contract, evidence held insufficient to show that the beer was of unmerchantable quality, it appearing from the evidence that defendant\u2019s reason for refusing performance of the contract was that he had sold out his saloon, and it also appearing from defendant\u2019s testimony that he was satisfied with the beer both as to price and quality.",
        "type": "majority",
        "author": "Mr. Presiding Justice Gridley"
      }
    ],
    "attorneys": [
      "Charles F. Vogel, for appellant.",
      "Harry A. Daugherty, for appellee."
    ],
    "corrections": "",
    "head_matter": "George J. Cooke Company, Appellee, v. Richard Hochmuth, Appellant.\nGen. No. 20,901.\n(Not to he reported in full.)\nAppeal from the Municipal Court of Chicago; the Hon. John J. Sullivan, Judge, presiding.\nHeard in the Branch Appellate Court at the October term, 1914.\nAffirmed.\nOpinion filed October 5, 1915.\nStatement of the Case.\nAction by George J. Cooke Company, a corporation, plaintiff, against Richard Hochmuth, defendant, in the Municipal Court of Chicago, to recover on a written contract, whereby defendant agreed to purchase of plaintiff 2,000 barrels of beer, to be ordered and delivered in quantities of not less than 15 nor more than 40 barrels each week during a term of two years. From a judgment for plaintiff, defendant appeals.\nCharles F. Vogel, for appellant.\nHarry A. Daugherty, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0626-01",
  "first_page_order": 648,
  "last_page_order": 649
}