{
  "id": 5374906,
  "name": "Henry Huss, Appellant, v. J. W. Ford, Appellee",
  "name_abbreviation": "Huss v. Ford",
  "decision_date": "1915-12-01",
  "docket_number": "",
  "first_page": "199",
  "last_page": "200",
  "citations": [
    {
      "type": "official",
      "cite": "197 Ill. App. 199"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 181,
    "char_count": 2668,
    "ocr_confidence": 0.543,
    "sha256": "220bb859c3d4fa19341a242d20b37a91e3fa32844432f42070ae9455297f3f3f",
    "simhash": "1:f85324fa38a7c79a",
    "word_count": 457
  },
  "last_updated": "2023-07-14T16:24:45.151974+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Henry Huss, Appellant, v. J. W. Ford, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Justice McBride\ndelivered the opinion of the court.\n2. Principal and agent, \u00a7 69*\u2014when agent not entitled to recover commission, from both parties. An agent who is given power to examine property, to determine the advisability of an exchange, and to bring the parties together may not recover commissions from both parties.\n3. Evidence, \u00a7 322*\u2014when parol evidence inadmissible to vary terms of contract. As between a party to a contract and his agent executing it in his name, where the terms of such contract are definite and certain, parol evidence cannot be admitted to vary its terms.\n4. Evidence, \u00a7 322*\u2014when parol evidence inadmissible to vary contract for payment of commissions. In an action by a real estate agent against his principal to recover on a note given in payment of commissions, the plaintiff cannot show by parol that money stipulated in a contract for the exchange of property entered into by him as agent in the name of his principal, to be paid to the plaintiff by the other party to the trade as brokerage fees, was in fact, to be paid and was received for and on account of another party.",
        "type": "majority",
        "author": "Mr. Justice McBride"
      }
    ],
    "attorneys": [
      "F. M. Guinn, for appellant.",
      "Brown & Burnside, for appellee."
    ],
    "corrections": "",
    "head_matter": "Henry Huss, Appellant, v. J. W. Ford, Appellee.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Brokers, \u00a7 1 \u2014when person agent and not \"broker. One who is given power to examine property and determine whether a trade of other property therefor should be made and who is not employed simply to bring the parties together is an agent and not a broker.\nAppeal from the Circuit Court of Fayette county; the Hon. Thomas M. Jett, Judge, presiding.\nHeard in this court at the March term, 1915.\nAffirmed.\nOpinion filed December 1, 1915.\nStatement of the Case.\nAction by Henry Huss, plaintiff, against J. W. Ford, defendant, on a promissory note. From a judgment for defendant, plaintiff appeals.\nThe plaintiff\u2019s assignor was authorized by the defendant to select suitable property and negotiate an exchange thereof for property of the defendant, which exchange was subsequently effected in accordance with a contract, entered into by plaintiff\u2019s assignor in the name of the defendant as principal with a third party, one of the terms of which stipulated that such other party to the exchange should pay to the plaintiff\u2019s assignor a specified amount as commissions. As a defense to an action by the plaintiff on the defendant\u2019s note for commissions it was claimed that the note was void as the plaintiff\u2019s assignor had contracted for commissions with both parties to the transaction.\nF. M. Guinn, for appellant.\nBrown & Burnside, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same toi\u00bbic and section number."
  },
  "file_name": "0199-01",
  "first_page_order": 221,
  "last_page_order": 222
}