{
  "id": 2861717,
  "name": "J. C. Pennoyer Company, Defendant in Error, v. Eugene Wendnagel and William Wendnagel, trading as Wendnagel & Company, Plaintiffs in Error",
  "name_abbreviation": "J. C. Pennoyer Co. v. Wendnagel",
  "decision_date": "1916-04-12",
  "docket_number": "Gen. No. 20,298",
  "first_page": "566",
  "last_page": "568",
  "citations": [
    {
      "type": "official",
      "cite": "198 Ill. App. 566"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 226,
    "char_count": 3011,
    "ocr_confidence": 0.509,
    "sha256": "e4ce5812f0d84cb9edb79135dee05ef97534a1ffd36822e1200b9064e3f09929",
    "simhash": "1:eb5ae4a08d3f4693",
    "word_count": 498
  },
  "last_updated": "2023-07-14T18:11:33.440984+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "J. C. Pennoyer Company, Defendant in Error, v. Eugene Wendnagel and William Wendnagel, trading as Wendnagel & Company, Plaintiffs in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice O\u2019Connor\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice O\u2019Connor"
      }
    ],
    "attorneys": [
      "Adams, Crews, Bobb & Wescott, for plaintiffs in error.",
      "Boyle & Mott, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "J. C. Pennoyer Company, Defendant in Error, v. Eugene Wendnagel and William Wendnagel, trading as Wendnagel & Company, Plaintiffs in Error.\nGen. No. 20,298.\n(Hot to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. John J. Sullivan, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1915.\nReversed and remanded.\nOpinion filed April 12, 1916.\nStatement pf the Case.\nAction by J. C. Pennoyer Company, a corporation, plaintiff, against Eugene Wendnagel and William Wendnagel, copartners, trading as Wendnagel & Company, defendants, to recover seventy-five dollars for services rendered.\nThe case was tried by the court without a jury, and judgment was entered in favor of plaintiff for the amount claimed, from which defendants bring error.\nThe evidence showed that in October, 1912, plaintiff was under contract with the South Halsted Street Iron Works to haul a steel girder from the latter\u2019s place of business, located on South Halsted street, to the Alaska Theater, located on 31st street. To do this work it required twelve horses and five men. On the morning of October 1, 1912, plaintiff\u2019s men and horses went to the South Halsted Street Iron Works to load the girder. When they arrived there they found a Mr. Carter, who was in the employ of the defendants. The girder was loaded on a wagon and taken to the Alaska Theater, but on account of some obstruction in the alley near the theater, plaintiff was unable to deliver the girder at the place desired. Plaintiff\u2019s men, after waiting a reasonable time, informed Mr. Carter, who had accompanied them to the theater, that they could not allow their teams and men to wait any longer; that unless the girder was unloaded at once, plaintiff would charge twenty-five dollars per hour for any further delay. Thereupon Carter went to a nearby telephone, and shortly afterwards returned and told the plaintiff\u2019s men if they would wait until the girder could be delivered at the proper place, they would be paid for such delay. Plaintiff\u2019s men waited for three hours before they could deliver the girder, and this suit was brought to recover for the three hours\u2019 delay at twenty-five dollars per hour.\nOne of the defendants testified that Mr. Carter was in their employ; that he was primarily an estimator on steel contracts; that he lived near the Alaska Theater, and that he was instructed to go to the theater three mornings each week and inspect the work and see how it was getting along. The witness further testified that Carter was not authorized by the defendants to make any agreement with the plaintiff\u2019s men in their behalf.\nAbstract of the Decision.\nContracts, \u00a7 387*\u2014when evidence insufficient to sustain recovery. Evidence in action to recover for services alleged to have been performed under contract, examined and held insufficient to support verdict.\nAdams, Crews, Bobb & Wescott, for plaintiffs in error.\nBoyle & Mott, for defendant in error."
  },
  "file_name": "0566-01",
  "first_page_order": 590,
  "last_page_order": 592
}