Swern v. Churchill

Upon a petition for rehearing

Mr. Presiding Justice Chytraus

delivered the following opinion of the court:

Appellee’s counsel conceive that there is a conflict of decision in Packer v. Pentecost, 50 Ill. App. 228, and the line of cases holding as do L., N. A. & C. Ry. Co. v. Wallace, 136 Ill. 87; Stone v. Billings, 63 Ill. App. 371; Nathan Brand, 67 Ill. App. 541; S. C. 167 Ill. 608, and other cases. We see no such conflict. Packer v. Pentecost was an appeal from a judgment for $1,000 rendered in favor of an architect upon the basis that two per cent, on the cost of a residence building was the…