{
  "id": 5404584,
  "name": "Alabama Marble Company, Appellee, v. H. L. Stevens, Appellant",
  "name_abbreviation": "Alabama Marble Co. v. Stevens",
  "decision_date": "1917-04-18",
  "docket_number": "Gen. No. 21,838",
  "first_page": "405",
  "last_page": "406",
  "citations": [
    {
      "type": "official",
      "cite": "205 Ill. App. 405"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 184,
    "char_count": 2719,
    "ocr_confidence": 0.559,
    "sha256": "dfb367899e99eab3f9b6ce22cc3d536ccd460b4e233c8bc3122e0ba8e7bcd275",
    "simhash": "1:435d8831988e125c",
    "word_count": 456
  },
  "last_updated": "2023-07-14T17:46:37.056812+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Alabama Marble Company, Appellee, v. H. L. Stevens, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Taylor\ndelivered the opinion of the court.\n3. Principal and agent, \u00a7 223 \u2014when burden is on plaintiff of proving receipt of money by agent. In an action brought to recover under a contract for services rendered and materials furnished by the plaintiff for the defendant as agent of the owner of a building for a certain sum to be paid by the defendant, and providing that no money should he due under the contract until the defendant had received such money from the owner, where the statement of claim set up such contract and defendant\u2019s affidavit of merits set up that no money had been paid by the owner of the building, held that such affidavit did not set up a plea in the nature of confession and avoidance hut was a direct traverse of a material part of plaintiff\u2019s cause of action, and put the burden upon plaintiff of proving that the defendant had received such money.",
        "type": "majority",
        "author": "Mr. Justice Taylor"
      }
    ],
    "attorneys": [
      "Wilkerson, Cassels & Potter, for appellant",
      "Hoyne, O\u2019Connor & Irwin, for appellee."
    ],
    "corrections": "",
    "head_matter": "Alabama Marble Company, Appellee, v. H. L. Stevens, Appellant.\nGen. No. 21,838.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Contracts, \u00a7 171*\u2014when whole of instrument considered. In interpreting a contract to determine the mutual obligations of the parties thereto, it is necessary to consider the whole of the contents of the instrument.\n2. Principal and agent; \u00a7 169 \u2014when right to recover against agent\u2022 is dependent upon receipt of money from principal. Whiere a contract for the rendering of certain services and the furnishing of certain material by the plaintiff for the defendant as agent of the owner of a building for a certain sum to be paid by the defendant, provided further that no money should be due under the contract until the defendant had received such money from the owner, held that such provision was not a qualification or exception but an inherent part o\u00ed the liability, and plaintiff\u2019s right to compensation or to sue therefor was dependent upon defendant having received the money from the owner of the building.\nAppeal from the Municipal Court of Chicago; the Hon. Harry M. Fisher, Judge, presiding. Heard in this court at the October term, 1915.\nReversed and remanded.\nOpinion filed April 18, 1917.\nStatement of the Case.\nAction by the Alabama Marble Company, plaintiff, against H. L. Stevens, defendant, to recover, for certain services rendered and material furnished under a written contract, a claimed balance of $1,614.91. From a judgment for plaintiff for the amount claimed, defendant appeals.\nWilkerson, Cassels & Potter, for appellant\nHoyne, O\u2019Connor & Irwin, for appellee.\nSee Illinois Notes Digest, Vole. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0405-01",
  "first_page_order": 433,
  "last_page_order": 434
}