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TILLEY V. COUNTY OF COOK, 103 U. S. 155 (1880)

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U.S. Supreme Court

Tilley v. County of Cook, 103 U.S. 155 (1880)

Tilley v. County of Cook

103 U.S. 155

Syllabus

1. Where there is no contract, express or implied, between the parties, usage or custom cannot make one.

2. A county and a city within its limits proposed to erect public buildings, the portion appropriated to the uses of each to be paid for by them respectively. They jointly offered a premium for plans. A. furnished one, and received the promised compensation. There was no further contract between the parties. The city and county severally adopted a resolution selecting his plan, subject to such modifications as might thereafter be determined upon if his estimate as to the cost of construction should be verified. He brought suit against them to recover five percent of the estimated cost of the buildings.

Held:

1. That he was not entitled to recover.

2. That evidence of the value of his services in making the estimate was properly excluded, inasmuch as he failed to show that they had been rendered at the instance of the defendants.

The facts are stated in the opinion of the Court.





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