Whitney & Starrette Co. v. O'Rourke

Mr. Presiding Justice Shepard

delivered the opinion oe the Court.

The appellant corporation was sued by the appellee to recover damages for an injury received by him by being hit by a board that fell from a building in Chicago, where he Avas at work, in the spring of 1893, and the judgment for $5,000, from which this appeal is prosecuted, was recovered.

The building was owned by L. Z. Leiter, and the appellant was erecting it for him under Avhat is called a percentage contract, which means, as we understand it, that appellant was to furnish the material and labor, and was to be paid its cost…