{
  "id": 3023801,
  "name": "Luigi Russo fu Agatino, Appellee, v. Louis Ginocchio et al., trading as Ginocchio, Costa & Company, Appellants",
  "name_abbreviation": "Russo fu Agatino v. Ginocchio",
  "decision_date": "1918-06-14",
  "docket_number": "Gen. No. 23,649",
  "first_page": "416",
  "last_page": "417",
  "citations": [
    {
      "type": "official",
      "cite": "211 Ill. App. 416"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 228,
    "char_count": 2725,
    "ocr_confidence": 0.547,
    "sha256": "b7aac11a6900d6aa2cba726ee4b619527ac253499ad931b302671a3d3cd00838",
    "simhash": "1:917dd2a3648130fd",
    "word_count": 433
  },
  "last_updated": "2023-07-14T20:44:38.810297+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Luigi Russo fu Agatino, Appellee, v. Louis Ginocchio et al., trading as Ginocchio, Costa & Company, Appellants."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Barnes\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Barnes"
      }
    ],
    "attorneys": [
      "Culver, Andrews, King & Stitt, for appellants.",
      "Newman, Poppenhusen, Stern & Johnston, for appellee; Edward R. Johnston, of counsel."
    ],
    "corrections": "",
    "head_matter": "Luigi Russo fu Agatino, Appellee, v. Louis Ginocchio et al., trading as Ginocchio, Costa & Company, Appellants.\nGen. No. 23,649.\n(Not to be reported in full.)\nAppeal from the Municipal Court of Chicago; the Hon. Hosea W. Wells, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917. Reversed with finding of fact and judgment here.\nOpinion filed June 14, 1918.\nRehearing denied June 24, 1918.\nStatement of the Case.\nAction by Luigi Russo fu Agatino, plaintiff, against Louis Grinocchio, P. Costa and A. M. Meyer, trading as Grinocchio, Costa & Company, defendants, to recover damages for breach of a contract to purchase almonds. Plaintiff resided in Sicily and the negotiations were conducted through one Pinder, a local broker. Plaintiff inquired of the latter as to the price of almonds for \u201cfirst half September.\u201d Pinder then cabled plaintiff as follows: \u201cLowest 150 bales Palma new crop first half September direct steamer,\u201d to which plaintiff replied \u201c126 September.\u201d Upon defendants\u2019 informing Pinder that they had a price at 120 \u201cfirst half September,\u201d he cabled that the Hamburg market was lower and received a cabled reply from plaintiff \u201cI accept 120 September.\u201d Believing that this message was a direct reply to their inquiry, defendants agreed to take 150 bales. Pinder then cabled plaintiff \u201cSold Costa 150 Palma new crop September 120\u201d (meaning 150 bales at 120 shillings per cent). Defendants \u2019 negotiations with Pinder contemplated shipment before the first half of September while plaintiff claimed the right to ship any time during the month.\nAn amended statement of claim filed during the trial relied upon a modification of the contract so as to call for shipment by the 16th of September, but up to that time plaintiff\u2019s correspondence indicated reliance upon his original contention that the contract called for shipment during September. From a judgment in favor of plaintiff, defendants appeal.\nAbstract of the Decision.\nSales, \u00a7 18 \u2014 when contract through tyroTcer acting for both parties is not effected. Where a domestic purchaser and a foreign vendor acted through the same broker, and the purchaser\u2019s offer made through the broker contemplated shipment prior to the middle of a certain month and the seller\u2019s acceptance made through the same broker was based upon shipment at any time during such month, no contract was created since the minds of the parties did not meet.\nCulver, Andrews, King & Stitt, for appellants.\nNewman, Poppenhusen, Stern & Johnston, for appellee; Edward R. Johnston, of counsel.\nSee lUinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0416-01",
  "first_page_order": 470,
  "last_page_order": 471
}