Chicago Art Marble Company v. A. Smith and Co.

Full title: Chicago Art Marble Company, Appellee, v. A. Smith and Company, Appellant

Court: Appellate Court of Illinois, First District

Date published: Apr 8, 1940

304 Ill. App. 582 (Ill. App. Ct. 1940)

26 N.E.2d 703

Opinion

Gen. No. 40,994. (Abstract of Decision.)

Opinion filed April 8, 1940 Rehearing denied April 22, 1940

REFERENCE, § 64^_ — costs, excessiveness. In action by subcontractor to foreclose mechanic's lien, plaintiff was entitled to interest from date claim was due, but not an additional sum for alleged vexatious delay, and cost of reference amounting to $790.25 was exorbitant, the issues being simple and time spent unreasonable, so cost was reduced to $470.79.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Cook county; Hon. STANLEY H. KLARKOWSKI, presiding.

Reversed and remanded with directions. Heard in first division, first district, this court at October term, 1939.

Hyman Soboroff, for appellant;

Lederer, Livingston, Kahn, Adler Adsit, for appellee.

Opinion by PRESIDING JUSTICE MATCHETT.

"Not to be published in full." Opinion filed April 8, 1940; rehearing denied April 22, 1940.