{
  "id": 2947286,
  "name": "Timothy O'Brien and Nellie O'Brien, Appellees, v. Michael E. Quirk, Appellant",
  "name_abbreviation": "O'Brien v. Quirkn",
  "decision_date": "1917-03-26",
  "docket_number": "Gen. No. 22,789",
  "first_page": "448",
  "last_page": "448",
  "citations": [
    {
      "type": "official",
      "cite": "204 Ill. App. 448"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "simhash": "1:49dbd805d80dc83d",
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  "last_updated": "2023-07-14T20:49:07.214052+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Timothy O\u2019Brien and Nellie O\u2019Brien, Appellees, v. Michael E. Quirk, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice McSurely\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice McSurely"
      }
    ],
    "attorneys": [
      "George H. Sugrue, for appellant.",
      "Ryan & Lewis, for appellees."
    ],
    "corrections": "",
    "head_matter": "Timothy O\u2019Brien and Nellie O\u2019Brien, Appellees, v. Michael E. Quirk, Appellant.\nGen. No. 22,789.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Judgment, \u00a7 206 \u2014when not inconsistent with finding. In an action to recover money paid on a contract and for money loaned, where the court stated in an informal talk that the court thought \u201cplaintiff ought to have his money back,\u201d and the record stated: \u201cThe court finds the issues against the defendant and assesses the plaintiffs\u2019 damages at the sum of,\u201d etc., and the order of judgment was: \u201cThat the plaintiffs have judgment on the finding herein and that the plaintiffs have and recover of and from the defendant the damages of the plaintiffs,\u201d held that such informal statement was not the formal finding of the court, and that the judgment and finding were consistent.\n2. Vendos and pubchaseb, \u00a7 327*\u2014when purchaser entitled to recover payments. Where the vendor of real estate refuses to make a deed or comply with his undertaking, the purchaser is entitled to recover whatever money he may have paid.\nAppeal from the Municipal Court of Chicago; the Hon. F. J. Campbell, Judge, presiding. Heard in this court at the October term, 1916.\nAffirmed.\nOpinion filed March 26, 1917.\nStatement of the Case.\nAction by Timothy O\u2019Brien and Nellie O\u2019Brien, plaintiffs, against Michael E. Quirk, defendant, to recover money paid on a certain contract of sale of real estate and for money loaned. From a judgment for plaintiffs for $941, defendant appeals.\nGeorge H. Sugrue, for appellant.\nRyan & Lewis, for appellees.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0448-01",
  "first_page_order": 474,
  "last_page_order": 474
}