FRANK FITZSIMMONS DOING BUSINESS UNDER THE NAME AND STYLE OF FITZSIMMONS CONSTRUCTION CO. v. STATE OF ILLINOIS.

Case summary

The claimant sought damages for repair and alteration of the State Capitol building. The court, after review and agreement by the parties, awarded $8,998.49 as the amount due in equity and good conscience.

Claim type: Contract

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

CLAIMS-when allowable. Claims which in equity and good conscience

Edward J. Brundage, Attorney General, for State. tiff the counsel for the plaintiff and for the defendant together with the

FRANK FITZSIMMONS DOING BUSINESS UNDER THE NAME AND STYLE OF FITZSIMMONS CONSTRUCTION CO. v.

STATE OF ILLINOIS.

Opinion filed June 6, 1921.

CLAIMS-when allowable. Claims which in equity and good conscience ought to be paid are allowable.

Edward J. Brundage, Attorney General, for State.

This is a claim for damages arising out of the repair and alteration of the Capitol building of the State of Illinois authorized by an Act of the 19th General Assembly. This claim was referred to a commissioner to take testimony and upon conclusion of testimony by the plaintiff the counsel for the plaintiff and for the defendant together with the State supervising architect, upon consideration of the evidence offered and of all the records, files, document and information obtainable, have considered each and every item of the claim declared upon and have agreed that the sum of eight thousand nine hundred ninety-eight and 49/100 dollars ($8,998.49), is due the complainant in equity and good conscience. We concur in this finding and agreement and we therefore award the claimant in full of the above claim the sum of eight thousand nine hundred ninety-eight 49/100 dollars ($8,998.49).