{
  "id": 5821478,
  "name": "E. A. Hey, Appellee, v. United States Bottlers' Machinery Company, Appellant",
  "name_abbreviation": "Hey v. United States Bottlers' Machinery Co.",
  "decision_date": "1918-04-16",
  "docket_number": "Gen. No. 23,262",
  "first_page": "245",
  "last_page": "247",
  "citations": [
    {
      "type": "official",
      "cite": "210 Ill. App. 245"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 204,
    "char_count": 2677,
    "ocr_confidence": 0.529,
    "sha256": "2faf00776b05145f9e36f139afc50df5cf0e0905b1c5c8a14dc5237515840a58",
    "simhash": "1:8b794d16420b969d",
    "word_count": 432
  },
  "last_updated": "2023-07-14T16:15:15.348169+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "E. A. Hey, Appellee, v. United States Bottlers' Machinery Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice McDonald\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Justice McDonald"
      }
    ],
    "attorneys": [
      "'Ashcraft & Ashcraft, for appellant; E. M. Ash-craft & C. F. Bathbun, of counsel.",
      "Longeneoker & Heise, for appellee; Bolla B. Longeneoker, of counsel."
    ],
    "corrections": "",
    "head_matter": "E. A. Hey, Appellee, v. United States Bottlers' Machinery Company, Appellant.\nGen. No. 23,262.\n(Not to he reported in full.)\nAppeal from the Municipal Court of Chicago; the Hon. Sheridan E. Fry, Judge, presiding.\nHeard in the Branch Appellate Court at the March term, 1917.\nReversed and judgment here.\nOpinion filed April 16, 1918.\nStatement of the Case.\nAction by E. A. Hey, plaintiff, against United States Bottlers\u2019 Machinery Company, defendant, to recover for a balance, due on account of commissions on orders for the sale of bottle washing and filling machines and tomato pulping machines. From a judgment for plaintiff for $923.75, defendant appeals.\nAbstract of the Decision.\n1. Master and servant, \u00a7 66 \u2014when evidence does not support finding for plaintiff as to right to commissions on machines returned. A finding for plaintiff, in an action to recover commissions on the sale of machines, on the basis of all orders taken, whether returned or not, as to right to payment for machines returned, is improper where the only evidence to sustain the finding is plaintiff\u2019s own testimony, and his testimony on cross-examination is of such a character as to leave the mind in great doubt as to whether his version- of the contract of employment is true, and his evidence is opposed by that of three officers of the defendant as well as by a stipulation between the parties at the time of trial that plaintiff was not seeking to recover items of commission where the machines had been returned.\n2. Master and servant, \u00a7 71*\u2014when allowances for alterations in unsatisfactory machines or reduction in price are proper in action for commissions. Evidence held to warrant a finding for the allowance to defendant of a certain sum .and deduction thereof from commissions earned iby plaintiff, because of alterations in unsatisfactory machines or the granting of a reduction in the price to the purchasers.\nThe orders procured by plaintiff were in writing and contained an express guaranty that the machines would give satisfaction to the purchaser. Subsequently it developed that a number of the pulping machines so shipped proved unsatisfactory and were either returned by the purchasers or were retained after the defendant had made certain alterations in their construction or a suitable allowance in price. Such expenditures or allowances were charged to plaintiff.\n'Ashcraft & Ashcraft, for appellant; E. M. Ash-craft & C. F. Bathbun, of counsel.\nLongeneoker & Heise, for appellee; Bolla B. Longeneoker, of counsel.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0245-01",
  "first_page_order": 271,
  "last_page_order": 273
}