Legal Opinion

Swern v. Churchill

Appellate Court of Illinois

Decided March 18, 1910No. Gen. No. 14,895PublishedCited by 4 opinions

Assumpsit. Appeal from the (Municipal Court of Chicago; the Hon. William N. Gemmill, Judge, presiding. Heard in the Branch ‘Appellate Court at the October term, 1908.

1Opinion of the Court

Mr. Presiding Justice Chytraus

delivered the opinion of the court.

Plaintiff below, appellee here, brought an action of assumpsit against Durand Churchill and Keith Spalding to recover for services rendered as architect by testator, William C. Swern, her deceased husband. Only the defendant Spalding was served and a judgment for $1,455 was recovered against him. He prosecutes this appeal to reverse that judgment. The cause was tried upon the theory that, without any agreement as to the amount to be paid for the services, there was an agreement or understanding between decedent and Churchill &…

2Cases cited4 opinions

  1. Van Hoesen v. CameronMichigan Supreme Court · 1884
  2. German-American Insurance v. Commercial Fire Ins.Supreme Court of Alabama · 1891
  3. Isaksson v. WilliamsDistrict Court, S.D. New York · 1886
  4. Packer v. PentecostAppellate Court of Illinois · 1893

3Cited by4 opinions

  1. Kelly v. CarrollAppellate Court of Illinois · 1921
  2. Klaub v. VokounAppellate Court of Illinois · 1912
  3. Schumacher v. SmithOhio Court of Appeals · 1950
  4. Miller v. Great Western Commission Co.Nebraska Supreme Court · 1915

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