{
  "id": 5194416,
  "name": "Southern Pacific Company v. American Well Works",
  "name_abbreviation": "Southern Pacific Co. v. American Well Works",
  "decision_date": "1896-12-28",
  "docket_number": "",
  "first_page": "512",
  "last_page": "513",
  "citations": [
    {
      "type": "official",
      "cite": "67 Ill. App. 512"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "7 Ill. App. 620",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        4836698
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/7/0620-01"
      ]
    },
    {
      "cite": "1 Scam. 410",
      "category": "reporters:state",
      "reporter": "Scam.",
      "case_ids": [
        2479359
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/2/0410-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 218,
    "char_count": 2706,
    "ocr_confidence": 0.533,
    "pagerank": {
      "raw": 2.0446031217563963e-07,
      "percentile": 0.7508478293522132
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    "sha256": "5822920b8b7b65bde47225c9167d722711b953fc524cfa56ec48f250d51ba0f6",
    "simhash": "1:d59f4cfb2e8eb0d8",
    "word_count": 468
  },
  "last_updated": "2023-07-14T17:00:34.097112+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Southern Pacific Company v. American Well Works."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Gary\ndelivered the opinion of the Court.\nThis is a controversy about excavating and supplying apparatus for wells. There is not an exception to any action of the court in admitting or rejecting evidence during 'the trial, alluded to in the appellant\u2019s brief.\nThe just inference is, that the trial was fair and that court and counsel behaved like gentlemen.\nThe court, to the extent of two and one-half pages of the printed abstract, at the request of the appellant, charged the jury in many respects more favorably to the appellant than at first blush seems justifiable, and covering every point of defense against the claim of appellee that could be urged. There is nothing before us in effect, except the question whether the jury found the right verdict upon the evidence, and upon that question the rule applies that verdicts upon conflicting evidence stand.\nThere were in hll four wells. As to three of them, the defense against the claim of the appellee was that they had been paid for, partly in cash and partly by deductions which ivere acceded to by the appellee in settlement of disputes; all of which was in dispute upon the trial. As to the other well, the. defense was that there was a special contract, Avhich the appellee did not perform. That Avas not denied by the appellee, but it insisted that the fault was with the -appellant, all of which was also in dispute upon the trial.\nNow, the appellant urges that the special counts upon the contract are not proved, and that for Avhat was done by the appellee, no recovery can be had upon the common counts.\nAs we understand the laAv, if the appellee is entitled to recover at all for Avhat it did (not damages for being prevented from doing more, or for being hindered in what it did), it may do so under an appropriate common count. Butts v. Huntley, 1 Scam. 410; Shaffner v. Killian, 7 Ill. App. 620; Parmly v. Farrar, p. 624, this volume.\nThe judgment must be affirmed.",
        "type": "majority",
        "author": "Mr. Justice Gary"
      }
    ],
    "attorneys": [
      "Smiley & Clark, attorneys for appellant; Baker, Botts, Baker & Lovett, of counsel.",
      "Hoyne, Follansbee & O\u2019Connor, attorneys for appellee."
    ],
    "corrections": "",
    "head_matter": "Southern Pacific Company v. American Well Works.\n1. Pleading\u2014Special Contracts\u2014Under the Common Counts.\u2014 Where a special contract has been terminated by the fault of the defendant, if the plaintiff is entitled to recover at all for what he did under it (not including damages for being prevented from doing more or for being hindered in what he did] he may do so under an appropriate common count.\nAssumpsit, under a special contract. Appeal from the Circuit Court of Cook County; the Hon. Richard W. Clifford, Judge, presiding.\nHeard in this court at the October term, 1896.\nAffirmed.\nOpinion filed December 28, 1896.\nSmiley & Clark, attorneys for appellant; Baker, Botts, Baker & Lovett, of counsel.\nHoyne, Follansbee & O\u2019Connor, attorneys for appellee."
  },
  "file_name": "0512-01",
  "first_page_order": 510,
  "last_page_order": 511
}
