ERROR to the Circuit Court of the United States for the Northern District of Illinois. The facts are stated in the opinion of the court.
The opinion of the court was delivered by: Mr. Justice Woods delivered the opinion of the court.
Mr. Melville W. Fuller, for the plaintiff in error.
Mr. William C. Goudy and Mr. Consider H. Willett, contra.
This was an action of assumpsit, brought by Tilley against the County of Cook and the City of Chicago. The declaration consists of the common counts for work and labor done, goods sold and delivered, money lent and advanced, and upon account stated.
The following is a copy of the account sued on, which was appended to the declaration:––
'The COUNTY OF COOK and the CITY OF CHICAGO to THOMAS TILLEY, Dr.
'For services as architect in preparing plans, drawings, specifications, diagrams, estimates, and details for the new court-house and city hall, and superintendence of erecting the same, five per cent on $2,909,629, the estimated cost of the building, the plan being that known as 'Eureka' . . . $145,481 45'
The defendants pleaded the general issue.
By provision of the Constitution and laws of the State of Illinois, the county affairs of Cook County are managed by a board of commissioners of fifteen persons. Ill. Const. 1870, art. 10, sect. 7. The affairs of the city are controlled by the common council. Private Laws of Illinois, 1863, p. 40.
The County of Cook was the owner of a block of ground in the city of Chicago, known as the court-house square, on which it was proposed to erect a building to be used as a city hall and county court-house, in which the business of the city and county might be conducted.
On July 10, the board of county commissioners, and on July 15, 1872, the common council, adopted, each for itself, the following resolution:––
'Resolved, That it is the sense of the joint meeting that they recommend to the common council of the city of Chicago and the board of commissioners of Cook County that the city of Chicago and the county of Cook will authorize the building committees of the several boards to offer a prize of five thousand dollars ($5,000) for the best plan, two thousand dollars ($2,000) for the second, and one thousand dollars ($1,000) for the third best plan for a court-house and city hall, to be erected jointly by the county of Cook and the city of Chicago, upon the public square in the city of Chicago, the said plans to be submitted to respective boards, in conjunction with the board of public works of the city of Chicago.' On Aug. 5, 1872, the common council of the city and the board of county commissioners passed an order providing for a joint contract between the city and county for the erection of a building on the court-house square, and on Aug. 28, 1872, the contract was executed. It declares that it was for the public convenience that the courts and the offices of the city 'should be located at some one convenient point and readily accessible to each other,' and provides for the erection, by the city and county, of a public building on the court-house square, for the use of the county and city governments respectively, and the courts of record; that the general exterior design of the building shall be of such uniform character and appearance as may be agreed upon by the board of county commissioners and the common council of the city.
The contract further provides as follows:––
'3. That portion of the said building situate west of the north and south centre line of said block shall be erected by the city of Chicago at its own expense.
'4. The city of Chicago shall occupy that portion of said block west of the said centre line for a city hall and offices incidental to the administration of the city government, and for no other purpose whatever, except as hereinbefore provided.
'5. Each of the parties will heat, light, and otherwise maintain and furnish its own portion of said building.'
On Nov. 25, 1872, the building committees of the common council and the county commissioners published an advertisement calling for designs for the proposed building.
The advertisement declared that, in order to secure suitable designs, the city and county jointly offered the following premiums: For the best design, $5,000; for the second ...