{
  "id": 2973244,
  "name": "Henry S. Whitcomb, trading as Henry S. Whitcomb & Company, Defendant in Error, v. Edgar F. Seney and Roland T. Rogers, trading as Seney, Rogers & Company, Plaintiffs in Error",
  "name_abbreviation": "Whitcomb v. Seney",
  "decision_date": "1916-06-01",
  "docket_number": "Gen. No. 21,260",
  "first_page": "526",
  "last_page": "527",
  "citations": [
    {
      "type": "official",
      "cite": "199 Ill. App. 526"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 194,
    "char_count": 2593,
    "ocr_confidence": 0.58,
    "sha256": "ec9826b9774020344229c35f9090111f2f6356c70b6d2e504fd92f10b1b3d4d4",
    "simhash": "1:ce744cf5bc25f3f8",
    "word_count": 424
  },
  "last_updated": "2023-07-14T15:51:30.955611+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Henry S. Whitcomb, trading as Henry S. Whitcomb & Company, Defendant in Error, v. Edgar F. Seney and Roland T. Rogers, trading as Seney, Rogers & Company, Plaintiffs in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Barnes\ndelivered the opinion of the court.\nAbstract of the Decision.\n1. Building and construction contracts, \u00a7 16 \u2014when construed as for \"benefit of third persons. A written contract entered into by the defendants primarily to secure their loan to a building contractor, whereby they agreed to complete a building under construction \u201cfree from mechanics\u2019 liens and save the contractor harmless from all claims for material and labor,\u201d construed to be one for the benefit of a third party who had furnished material and labor for the building, and entitling him to sue thereunder.\n2. Contracts, \u00a7 347*\u2014when subcontractor may sue on contract. Where a manufacturer\u2019s agent has bought from his principal and paid for goods which he subsequently sells to a building contractor with whom the defendant has entered into a contract to complete the building in the process of construction free from mechanics\u2019 liens and save the contractor harmless from all claims for material and labor, such agent can bring suit in his own name against the defendant on such contract.",
        "type": "majority",
        "author": "Mr. Justice Barnes"
      }
    ],
    "attorneys": [
      "Adams, Crews, Bobb & Wescott, for plaintiffs in error.",
      "Baker & Holder, for defendant in error; Gr. Raymond Collins, of counsel."
    ],
    "corrections": "",
    "head_matter": "Henry S. Whitcomb, trading as Henry S. Whitcomb & Company, Defendant in Error, v. Edgar F. Seney and Roland T. Rogers, trading as Seney, Rogers & Company, Plaintiffs in Error.\nGen. No. 21,260.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. Harry M. Fisher, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1915.\nAffirmed.\nOpinion filed June 1, 1916.\nStatement of the Case.\nAction by Henry S. Whitcomb, trading as Henry S. Whitcomb & Company, plaintiff, against Edgar F. Seney and Boland T. Rogers, trading as Seney, Rogers & Company, defendants, to recover for goods sold and delivered. To reverse a judgment for plaintiff, defendants prosecute a writ of error.\nIn this case there was a directed verdict for the plaintiff who sold to William E. Spencer a certain number of ranges, stoves and refrigerators for installation in an apartment building, to help erect which defendants had loaned Spencer money. Work on the same having stopped, defendants (primarily to secure their loan) entered into a written agreement with Spencer to complete the buildings \u201cfree from mechanics\u2019 liens and save William E. Spencer harmless from all claims for material and labor,\u201d and took over the title to the real estate in the name of a third party.\nAdams, Crews, Bobb & Wescott, for plaintiffs in error.\nBaker & Holder, for defendant in error; Gr. Raymond Collins, of counsel.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0526-01",
  "first_page_order": 548,
  "last_page_order": 549
}