#### Emery Stanford Hall et al., Appellants, v. George Beidler et al., Appellees.

Gen. No. 18,891.

(Not to be reported in full.)

Abstract of the Decision.

Architects and engineers, § 3 * —when contractors not jointly liable for commissions. Architects entered into a contract with a partnership for commissions to be based upon $80,000 as the cost of a building. The contract contemplated that the defendants as partners should jointly let the contract for the building, but the contract was let for the erection of the building, to cost $130,000, by one of the defendants after the architects’ services were discontinued and after defendants had dissolved partnership. Held, in an action by the architects against the defendants jointly for com*538missions on the basis of the $130,000 costs, that a direction of a verdict for defendants was proper on the theory that the contract imposed no joint liability to pay commissions on the actual cost of the building in view of the fact that the contract for the structure was not a joint undertaking.

*537Appeal from the Municipal Court of Chicago; the Hon. Charles A. Williams, Judge, presiding.

Heard in the Branch Appellate Court at the October term, 1912.

Affirmed.

Opinion filed January 13, 1914.

Statement of the Case.

Action by Emery Stanford Hall and Frank Spencer Baker, suing as copartners under the name of Hall & Baker, against George Beidler and Michael S. Hyland, to recover commissions alleged to be due them as architects under a certain contract entered into between the plaintiffs and defendants. From a judgment for defendants upon a directed verdict, plaintiffs appeal.

Baldwin & Barnes, for appellants.

William J. Lacey, for appellees.

*

See Illinois Notes Digest, Vols. XI to XV, same topic and section number.

Mr. Justice Barnes

delivered the opinion of the court.