{
  "id": 5418278,
  "name": "Frances Mertel, Defendant in Error, v. Charles F. Walter, Plaintiff in Error",
  "name_abbreviation": "Mertel v. Walter",
  "decision_date": "1916-02-08",
  "docket_number": "Gen. No. 6,191",
  "first_page": "136",
  "last_page": "137",
  "citations": [
    {
      "type": "official",
      "cite": "200 Ill. App. 136"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 152,
    "char_count": 1745,
    "ocr_confidence": 0.61,
    "sha256": "85a1517e9eaaf31cfd318598d728128220765aafb73b519e3dd6ccc2fee49e47",
    "simhash": "1:ca5b8c73708f901c",
    "word_count": 290
  },
  "last_updated": "2023-07-14T15:50:22.374886+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Frances Mertel, Defendant in Error, v. Charles F. Walter, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Dibell\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Dibell"
      }
    ],
    "attorneys": [
      "Charles Helmig and Butters & Clark, for plaintiff in error.",
      "Scanlan & Massieon, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "Frances Mertel, Defendant in Error, v. Charles F. Walter, Plaintiff in Error.\nGen. No. 6,191.\n(Not to he reported in full.)\nError to the Circuit Court of La Salle county; the Hon. Edgab Eldeedge, Judge, presiding. Heard in this court at the October term, 1915.\nAffirmed.\nOpinion filed February 8, 1916.\nRehearing denied April 6,1916.\nStatement of the Case.\nAction by Frances Mertel, plaintiff, against Charles F. Walter, defendant, to recover earnest money paid in pursuance of an alleged contract for the purchase of real estate, which was finally abandoned. From a judgment for plaintiff, defendant brings error.\nCharles Helmig and Butters & Clark, for plaintiff in error.\nAbstract of the Decision.\n1. Contracts, \u00a7 205 \u2014when question of what constitutes for court. The question whether all the letters relative to the sale and purchase of real estate constitute a complete contract is for the court.\n2. Contracts, \u00a7 44*\u2014when there is no meeting of minds so as to constitute. There is no meeting of the minds of parties to negotiations for the purchase of real estate so as to constitute a contract where an offer to purchase by letter accompanied by a payment of a certain sum' is met by the introduction of new conditions which are not accepted by the purchaser, and the latter also in a subsequent letter introduces new conditions which the vendor does not accept, but requests a verbal conference, which is agreed to by the purchaser, but the latter, without the holding of any conference, demands the return of the earnest money.\nScanlan & Massieon, for defendant in error.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0136-01",
  "first_page_order": 158,
  "last_page_order": 159
}