{
  "id": 5414644,
  "name": "Alex Friend, trading as Alex Friend & Company, Defendant in Error, v. Henry Melvin Mahin and Ella Louise Mahin, Plaintiffs in Error",
  "name_abbreviation": "Friend v. Mahin",
  "decision_date": "1916-11-14",
  "docket_number": "Gen. No. 21,550",
  "first_page": "40",
  "last_page": "42",
  "citations": [
    {
      "type": "official",
      "cite": "202 Ill. App. 40"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 227,
    "char_count": 3296,
    "ocr_confidence": 0.551,
    "sha256": "f753b070bd6db4373864ea55ffa8abfce09235ffd721b12f8f15e9de23aaba24",
    "simhash": "1:455d9494e82ed0fc",
    "word_count": 541
  },
  "last_updated": "2023-07-14T20:59:19.228114+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Alex Friend, trading as Alex Friend & Company, Defendant in Error, v. Henry Melvin Mahin and Ella Louise Mahin, Plaintiffs in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice McG-oorty\ndelivered the opinion of the court.\n5. Bbokbbs, \u00a7 46 \u2014when \"broker not entitled to recover. A broker held not entitled to recover a commission where he did not present to the owner a purchaser who entered into a valid, binding and enforceable contract.",
        "type": "majority",
        "author": "Mr. Justice McG-oorty"
      }
    ],
    "attorneys": [
      "Bentley, Burling & Swan, for plaintiffs in error; Willard Brooks, of counsel.",
      "Harry C. Levinson, for defendant in error; Leo W. Hoffman, of counsel."
    ],
    "corrections": "",
    "head_matter": "Alex Friend, trading as Alex Friend & Company, Defendant in Error, v. Henry Melvin Mahin and Ella Louise Mahin, Plaintiffs in Error.\nGen. No. 21,550.\n(Not to he reported in full.)\nError to the Municipal Court of Chicago; the Hon. John C. Work, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1915.\nReversed with finding of facts.\nOpinion filed November 14, 1916.\nStatement of the Case.\nAction by Alex Friend, trading as Alex Friend & Company, plaintiff, against Henry Melvin Mahin and Ella Louise Mahin, defendants, in the Municipal Court of Chicago, to recover a broker\u2019s commission. To reverse a judgment for plaintiff for two hundred and twenty dollars and costs, defendants prosecute this writ of error.\nPlaintiff procured one Tibbies to contract with de-\u2019 fendants for the purchase of defendants\u2019 real estate, the contract agreeing to furnish a complete merchantable abstract of title, and to convey a good and mercharitable title. Finding that the building on the land encroached on adjoining land, Tibbies refused to perform, and the contract was canceled by mutual consent. There was evidence that the encroachment had existed continuously for twenty-four years. There was also evidence that plaintiff, as trustee, had sold the property to defendants, and that a survey was made by plaintiff, showing the encroachment, of which he informed defendants.\nBentley, Burling & Swan, for plaintiffs in error; Willard Brooks, of counsel.\nHarry C. Levinson, for defendant in error; Leo W. Hoffman, of counsel.\nAbstract of the Decision.\n1. Appeal and error, \u00a7 1772 \u2014whan joint judgment must be reversed. If a joint judgment is erroneous as to one of the defendants it must be reversed as to the other.\n2. Appeal and error, \u00a7 1041*\u2014how assignments of error to be considered where judgment is joint. On writ of error to reverse a joint judgment, the assignments of error are to be considered as joint and several, or joint or several, according to the nature of the error assigned, and as affecting the respective plaintiffs in error.\n3. Brokers, \u00a7 88*\u2014when evidence shows broker chargeable with knowledge of encroachment. In an action to recover a broker\u2019s commission, where the purchaser secured for defendant by plaintiff declined to carry out the contract because he learned that the building on the land sold encroached on adjoining land, evidence held to sustain the finding of the court trying the case without a jury that plaintiff was chargeable with knowledge of the encroachment before he procured such purchaser.\n4. Vendor and purchaser, \u00a7 138*\u2014when purchaser not bound to accept title. Where a contract to sell land covenants to convey a good and merchantable title thereto, the purchaser is not hound to perform where the title to part of the land rests merely on adverse possession.\nSee Illinois Notes Digest, Veis. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vola, XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0040-01",
  "first_page_order": 66,
  "last_page_order": 68
}