{
  "id": 2918342,
  "name": "Moses C. Myers, Defendant in Error, v. Katherene May Andrews, Plaintiff in Error",
  "name_abbreviation": "Myers v. Andrews",
  "decision_date": "1918-01-28",
  "docket_number": "Gen. No. 23,457",
  "first_page": "316",
  "last_page": "318",
  "citations": [
    {
      "type": "official",
      "cite": "209 Ill. App. 316"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 302,
    "char_count": 4537,
    "ocr_confidence": 0.527,
    "sha256": "3da321096268dcf93314b0f1ef2d6de618475d2a6ffbd2f7f81ec81de90c29c8",
    "simhash": "1:ca7dd4159e1e3643",
    "word_count": 754
  },
  "last_updated": "2023-07-14T15:09:41.322311+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Moses C. Myers, Defendant in Error, v. Katherene May Andrews, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Justice McSurely\ndelivered the opinion of the court.\n2. Evidence, \u00a7 351*\u2014when parol evidence is admissible to explain contract. Where a certain contract contained contrary provisions as to payment of certain expenses of an undertaking, held that parol testimony was admissible to clear up the question, in an action to recover such expenses.\n3. Contracts, \u00a7 390*\u2014when question of performance is for fury. The question of how far plaintiff performed his contract to give his best efforts in an undertaking whereby he was to recover on an assigned claim of defendant under a grubstake agreement of defendant with her husband, whereby she was to have one-half of the husband\u2019s riches on his return, held to be for the jury.\n4. Contracts, \u00a7 393*\u2014when instruction as to performance is err roneous. In an action on a contract whereby plaintiff was, for a certain consideration, to assist defendant in recovering on a grubstake agreement between her and her husband, under which she was to have one-half of the husband\u2019s riches on his return from the mining regions, an instruction that \u201cbest efforts and endeavors in good faith\u201d mean that a man would do in his own case, held to be erroneous, as not necessarily true.",
        "type": "majority",
        "author": "Mr. Justice McSurely"
      }
    ],
    "attorneys": [
      "Haight, Brown, Haight & Harris, for plaintiff in error.",
      "Pam & Hurd, for defendant in error; Burrell J. Cramer, of counsel."
    ],
    "corrections": "",
    "head_matter": "Moses C. Myers, Defendant in Error, v. Katherene May Andrews, Plaintiff in Error.\nGen. No. 23,457. (Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. Sheridan E. Fry, Judge, presiding.\nHeard in this court at the October term, 1917.\nReversed and remanded.\nOpinion filed January 28, 1918.\nStatement of the Case.\nAction by Moses C. Myers, plaintiff, against Katherene M!ay Andrews, defendant, to recover under a certain contract, whereby plaintiff was to render certain services, for his expenses incurred in rendering such services. From a judgment for plaintiff for $4,502.45, defendant brings error.\nThe services to be rendered by plaintiff were in assisting defendant to recover on a certain claim under a so-called grubstake agreement made January 31, 1898, by defendant with her then husband, who died December 30, 1909, whereby in consideration of $400 paid him by her to make a trip to Alaska he agreed, among other things, that she should have 50 per cent, of whatever riches he should possess on his return. The contract between plaintiff and defendant was evidenced by three agreements, prepared at the instance of plaintiff\u2019s attorney, each reciting the grubstake agreement, and the first reciting an assignment to plaintiff by defendant of a one-half interest in such agreement and \u201cin and to said claim, and in and to all moneys, properties and securities to be recovered,\u201d a consideration of $10 paid by plaintiff to defendant, and further consideration in plaintiff\u2019s agreement to use his best efforts to realize upon the claim of defendant, by litigation or compromise, \u201cbut all the costs and expenses which the said Moses C. Myers shall incur in and about so doing shall be paid by the said Katherene May Elliott. If, However, any sum of money shall be realized as the result of the enforcement of the above-mentioned claim, then one-half of the expenses thereof shall be taken out of the one-half of the proceeds of enforcement coming to said Moses C. Myers, by virtue of his ownership of an undivided one-half interest therein\u201d; also reciting the delivery to plaintiff of a power of attorney from defendant authorizing him to represent her. The second agreement also appointed plaintiff attorney in fact for defendant in usual form. The third also assigned and transferred to plaintiff an undivided one-half of the claim of defendant and of any real or personal property recoverable thereunder, with authority to plaintiff \u201chis executors, administrators and assigns * * *, for his or their own use and benefit, but at his or their own cost, to take all legal measures which may be proper or necessary for the complete recovery of said assigned claim.\u201d These three agreements were dated the same and each recited a consideration of $10, but only one $10 was paid.\nAbstract of the Decision.\n1. Contracts, \u00a7 12 \u2014when contract does not lack, mutuality. A contract does not necessarily lack mutuality because it may be one-sided and unfair to one of the parties, where the other party gave a monetary consideration and undertook to give also his services.\nHaight, Brown, Haight & Harris, for plaintiff in error.\nPam & Hurd, for defendant in error; Burrell J. Cramer, of counsel.\nSee Illinois Notes Digest, Veis. XI to XV, and Cumulative Quarterly, same topic and. section number."
  },
  "file_name": "0316-01",
  "first_page_order": 344,
  "last_page_order": 346
}