Holsman v. Campbell Realty Co.

Full title: Henry K. Holsman, Appellee, v. Campbell Realty Company, Appellant

Court: Appellate Court of Illinois, First District

Date published: Feb 14, 1940

303 Ill. App. 656 (Ill. App. Ct. 1940)

25 N.E.2d 841

Opinion

Gen. No. 40,900. (Abstract of Decision.)

Opinion filed February 14, 1940. Rehearing denied March 12, 1940.

CONTRACTS, § 576^_ — architect's services, sufficiency of evidence. In action on contract for architect's services, defendant could not obtain the benefit of the services and then urge ultra vires as a defense, and evidence did not show that contract was altered to provide that if defendant was unable to finance the houses it intended to build, it should be liable to plaintiff for only one-ninth of the agreed price.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Municipal Court of Chicago; Hon. JOHN V. McCORMICK, presiding. Affirmed. Heard in third division, first district, at April term, 1939; opinion filed February 14, 1940; rehearing denied March 12, 1940.

Edward H. S. Martin, for appellant; Hubbard, Baker Rice, for appellee.

Opinion by JUSTICE HEBEL.

"Not to be published in full."