Categories: Illinois Appellate Court Opinions

HOLSMAN v. CAMPBELL REALTY CO., 303 Ill. App. 656 (1940)

25 N.E.2d 841

Henry K. Holsman, Appellee, v. Campbell Realty Company, Appellant.

Gen. No. 40,900. (Abstract of Decision.)Appellate Court of Illinois, First District.
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.

Page 657

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“Not to be published in full.”

jdjungle