City of Chicago v. Terwilliger

To a petition for the levy of a special assessment for the construction of a sewer the appellant objected that there was a willful and substantial variance between the engineer’s estimate of cost and the ordinance, in that the estimate itemized the cost of a two-foot brick sewer, whereas the ordinance provided for a two-and-a-half-foot brick sewer. The objection was overruled, and this appeal is from the judgment confirming the assessment.

The record shows the variance, but section 9 of the Lo‘cal Improvement act provides that it shall not affect the validity of the proceedings unless the…