{
  "id": 5403252,
  "name": "John C. Gifford, Appellant, v. Smith H. Bracey, Appellee",
  "name_abbreviation": "Gifford v. Bracey",
  "decision_date": "1917-05-29",
  "docket_number": "Gen. No. 22,328",
  "first_page": "633",
  "last_page": "634",
  "citations": [
    {
      "type": "official",
      "cite": "205 Ill. App. 633"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 155,
    "char_count": 1934,
    "ocr_confidence": 0.554,
    "sha256": "8a365567357b8b44265ac76b0355ccdb77975209034421703bd91c1171412af0",
    "simhash": "1:f93ec2a1f82dd2df",
    "word_count": 331
  },
  "last_updated": "2023-07-14T17:46:37.056812+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "John C. Gifford, Appellant, v. Smith H. Bracey, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Justice McGoorty\ndelivered the opinion of \"the court.\nAbstract of the 'Decision.\n1. Sales, \u00a7 323 \u2014what constitutes variance where performance pleaded. In an action to recover on a contract by defendant to purchase a bond, where plaintiff pleads performance, he must prove performance as alleged and cannot recover on a waiver of performance.\n2. Sales, \u00a7 323*\u2014when waiver of performance must be pleaded. Waiver of performance of a contract must be pleaded, when relied upon in an action to recover on a contract of sale.\n3. Sales, \u00a7 329*\u2014when evidence is insufficient to show performance of contract for sale of bond. In an action to recover on a contract for the purchase of a bond in which the plaintiff pleads performance, where the evidence shows neither an actual offer by plaintiff to make delivery of the bond to defendant nor to leave it in defendant\u2019s possession, but shows that plaintiff retained it and did not make a formal tender of it. until after he had commenced suit, performance is not shown.\n4. Sales, \u00a7 325*\u2014when burden of proof is on plaintiff. In an action on a contract for the purchase of a bond, the burden is on the plaintiff alleging performance to prove performance on his part.",
        "type": "majority",
        "author": "Mr. Justice McGoorty"
      }
    ],
    "attorneys": [
      "Miller, Starr, Brown, Packard & Peckham, for appellant.",
      "F. L. Salisbury and M. Marso, for appellee."
    ],
    "corrections": "",
    "head_matter": "John C. Gifford, Appellant, v. Smith H. Bracey, Appellee.\nGen. No. 22,328.\n(Not to he reported in full.)\nAppeal from the County Court of Cook county; the Hon. Andrew D. Webb, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1916.\nAffirmed.\nOpinion filed May 29, 1917.\nRehearing denied June 11, 1917.\nStatement of the Case.\nAction by John C. Gifford, plaintiff, against Smith H. Bracey, defendant, to recover on a contract for the purchase of a bond. From a judgment for defendant, plaintiff appeals.\nMiller, Starr, Brown, Packard & Peckham, for appellant.\nF. L. Salisbury and M. Marso, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0633-01",
  "first_page_order": 661,
  "last_page_order": 662
}