{
  "id": 5414058,
  "name": "C. W. Cochran Lumber Company, Defendant in Error, v. Consolidated Adjustment Company, Plaintiff in Error",
  "name_abbreviation": "C. W. Cochran Lumber Co. v. Consolidated Adjustment Co.",
  "decision_date": "1916-12-27",
  "docket_number": "Gen. No. 21,479",
  "first_page": "333",
  "last_page": "336",
  "citations": [
    {
      "type": "official",
      "cite": "202 Ill. App. 333"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 390,
    "char_count": 6743,
    "ocr_confidence": 0.507,
    "sha256": "51d8396bc6b8e93f156095f5e0e69484afc29acb46ae4950c25024d63658d66e",
    "simhash": "1:8d7b4f0dd01fa0f0",
    "word_count": 1080
  },
  "last_updated": "2023-07-14T20:59:19.228114+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "C. W. Cochran Lumber Company, Defendant in Error, v. Consolidated Adjustment Company, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Taylor\ndelivered the opinion of the court.\nAbstract of the Decision.\n1. Contracts, \u00a7 371 \u2014when burden is on defendant to prove extent of his promise. In an action on a promise in writing signed by the defendant only, wherein it acknowledged the receipt of money paid it by the plaintiff, in consideration of which it guarantied the collection of a certain proportion of claims submitted to it by the plaintiff, certain classes of claims being excepted, or to continue the service beyond the period named in the writing for certain commissions on accounts actually collected, or to return the accounts and fee paid, held that the burden of proof that the claims submitted by the plaintiff did not come within the excepted classes was not on the plaintiff but that the burden of proof that they did come within such classes was on the defendant.\n2. Contracts, \u00a7 377*1\u2014when evidence not admissible to show plaintiff\u2019s claim not covered by defendant\u2019s promise. In an action on a written promise signed by the' defendant only, whereby it guarantied the collection of a certain amount net on claims submitted to it by the plaintiff for collection, followed by a statement consisting, in poart, of blanks not filled out, to the effect that certain named classes of claims were excepted from the guaranty, held that inasmuch as there was no way of determining how such guarantied amount was computed with reference to the claims submitted, the defendant was not entitled to prove that part of the claims submitted fell within the classes covered by such exceptions, the defendant having offered no proof in explanation of the word \u201cguaranty.\u201d",
        "type": "majority",
        "author": "Mr. Justice Taylor"
      }
    ],
    "attorneys": [
      "Delavan B. Cole, for plaintiff in error; Auelor J. Petit, of counsel.",
      "Harry A. Biossat, for defendant in error."
    ],
    "corrections": "",
    "head_matter": "C. W. Cochran Lumber Company, Defendant in Error, v. Consolidated Adjustment Company, Plaintiff in Error.\nGen. No. 21,479.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. John A. Mahoney, Judge-, presiding. Heard in the Branch Appellate Court at the October term, 1915.\nAffirmed.\nOpinion filed December 27, 1916.\nStatement of the Case.\nAction by C. W. Cochran Lumber Company, a corporation, plaintiff, against the Consolidated Adjustment Company, a corporation, defendant, to recover a balance due on the defendant\u2019s guaranty to collect a certain proportion of claims submitted to it by the plaintiff for collection. To review a judgment for plaintiff, defendant prosecutes a writ of error.\nPart of the contract sued upon, which was in writing and signed by the defendant alone, was as follows :\n\u201cThis certifies that C.- W. Cochran Lumber Co., client, of Meridian, Miss, has paid to the Consolidated Adjustment Company, of Chicago, $98.64 for which, together with commissions according to commission rates printed below, to be paid by said client, the Consolidated Adjustment Company agrees to give to said client a three years\u2019 service from the date hereof, in the prosecution and adjustment of claims aggregating $2157.37, to be listed for adjustment under terms -of this contract.\nGtjarawty.\n\u201cThe Consolidated Adjustment Company guarantees that it will recover in cash, or secure net settlement, from the claims of said client at least $502.23, or to refund the full initial fee paid, reserving the right to cancel the contract, refund said initial fee and surrender all claims listed -hereunder at any time within sis months from date; or will continue the service under this contract beyond the term above mentioned and until the minimum salvage amount, hereinafter estimated, shall have been so recovered, without additional compensation except commissions, as hereinafter specified, on adjustments effected.\nAggregate amount of claims contracted for ....................$2157.37\nMinimum salvage amount estimated on said claims.................. 1004.46\nAmount of guaranty.............. 502.23 net\nJudgm\u2019ts-Bonds-Claims ini (-Total $- Acc \u2019ts-1ST otes-Controversy]\n(Classification of claims necessary only when loan is desired.)\nLost Debtor Bankrupt and 1 m Claims-Outlawed Claims] 0 a..........\n(No Guaranty on this class of claims)\nCommission Bates :\nOn adjustment, of over $100.............10 per cent.\nOn adjustment of over $25 to $100 inclusive ................................15 per cent.\nOn adjustment of $25 or less............25 per cent.\nOn current claims not exceeding 12 months\n\u00bb past due............................ 7 per cent.\n(Minimum fee 50 cents)\nThe Consolidated Adjustment Company further agrees at all times to confide its process within the limits of the law, and the said client agrees to immediately report all payments and to promptly remit commissions thereon.\nBeeeived of C. W. Cochran Lumber Company Ninety eight & 64/100 Dollars, as payment in full on a full three year $2157.37 contract, from November 3rd, 1910 to November 3rd, 1913.\nConsolidated Adjustment Company, By Chas. F. Perkins.\nDated November 3rd, 1910.\u201d\nPlaintiff admitted that the defendant had collected on the claims in question $172.52, and that the defendant had turned over to the plaintiff, after deducting the defendant\u2019s commission of $17.25, the sum of $155.27. The difference between $502.23, the amount of the guaranty mentioned in the writing signed by the defendant and $155.27, the net amount received by the plaintiff, is the amount for which the judgment was entered, that is $346.96.\nOn October 1,1913, almost three years after the date of the contract, the defendant wrote to the plaintiff the following letter, in part, as follows:\n\u201cIn our prosecution of the claims you have submitted for our service under a certain printed form of contract, we find that we will not be able to realize the full amount stipulated on the claims filed to date. This is due to the fact that some of the claims filed with us were against persons who were not to be found at nor traced from the addresses given us; others outlawed or discharged in bankruptcy.\n\u201cWe, therefore, inform you of our election to continue to give you our services as collectors beyond the three year period mentioned in the contract, and in accordance with its terms our service will be employed in your behalf, without additional costs except commissions on moneys collected for you. * * *\u201d\nThe writings above set forth and the admissions as to the amounts paid and received, and a written statement of the claims, constitute all the evidence in the case. The record, however, showed that the defendant offered to prove that a report was made to the plaintiff that the correct addresses of five of the debtors, against whom were claims aggregating $1,557.84, could not be found.\nDelavan B. Cole, for plaintiff in error; Auelor J. Petit, of counsel.\nHarry A. Biossat, for defendant in error.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0333-01",
  "first_page_order": 359,
  "last_page_order": 362
}