{
  "id": 5403222,
  "name": "Estella M. Coster, Executrix, Appellee, v. Henry Ullrich, Appellant",
  "name_abbreviation": "Coster v. Ullrich",
  "decision_date": "1917-05-09",
  "docket_number": "Gen. No. 21,969",
  "first_page": "476",
  "last_page": "476",
  "citations": [
    {
      "type": "official",
      "cite": "205 Ill. App. 476"
    }
  ],
  "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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    "char_count": 1645,
    "ocr_confidence": 0.597,
    "sha256": "1f469bdd222d2bb0e599cbaa22e0cb8a20c34f3692b8afe29422c43e84061ff0",
    "simhash": "1:431276a35a2f5c09",
    "word_count": 274
  },
  "last_updated": "2023-07-14T17:46:37.056812+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Estella M. Coster, Executrix, Appellee, v. Henry Ullrich, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice O\u2019Connor\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice O\u2019Connor"
      }
    ],
    "attorneys": [
      "Morton T. Culver, for appellant.",
      "Benjamin F. Bartel, for appellee."
    ],
    "corrections": "",
    "head_matter": "Estella M. Coster, Executrix, Appellee, v. Henry Ullrich, Appellant.\nGen. No. 21,969.\n(Not to he reported in full.)\nAbstract of the Decision.\nAssumpsit, Action oe\u2014when recovery may not he had under common counts. In an action of assumpsit to recover money alleged to be due, where it appeared that plaintiff\u2019s testator and the defendant, who was engaged in the real estate business, had had various transactions together resulting eventually in an agreement to exchange the equity in a farm owned by the deceased, for certain lots, for the purchase of which the defendant held a contract, and where plaintiff filed special counts alleging that the money in question was due from the sale of a farm and that the defendant refused to account for the same, and there was no evidence to support such counts, and plaintiff then relied upon the common counts, held that, as plaintiff was seeking to recover purchase money paid on account of the farm and at the same time was retaining the contract for the purchase of the lots, there could be no recovery under the common counts.\nAppeal from the Superior Court of Cook county; the Hon. M. L. McKinley, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1915.\nReversed and remanded.\nOpinion filed May 9, 1917.\nStatement of the Case.\nAction in assumpsit \"by Estella M. Coster, executrix of the estate of Henry P. Coster, deceased, plaintiff, against Henry Ullrich, defendant. From a judgment for $2,230 in favor of plaintiff, defendant appeals.\nMorton T. Culver, for appellant.\nBenjamin F. Bartel, for appellee."
  },
  "file_name": "0476-01",
  "first_page_order": 504,
  "last_page_order": 504
}