JANSEN AND SCHAEFER, Claimants, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimants sought payment for work performed under a contract with the Department of Public Works and Buildings, which was later invalidated by the Supreme Court. The court awarded the stipulated sum of $3,202.43 for work done in good faith.

Claim type: Contract

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

Headnotes

CONTRACTS-work performed under contract, cancelled before completion, because of invalidity of law under which awarded-stipulation-when award may be made thereon. An award is made herein on authority of Bishop Construction Co., No. 1845, supra.

JANSEN AND SCHAEFER, PRO SE. OSCAR E. CARLSTROM, Attorney General, for respondent.

MR. JUSTICE THOMAS delivered the opinion of the court:

On September 19, 1931, the Department of Public Works and Buildings awarded a contract to claimant for the construction of Section 105-A on State Bond Issue Route No. 80-C. Claimant executed the contract and bond required by the department and immediately thereafter commenced performance on the contract. On October 21, 1931, the department notified claimant that payments for work done under the contract could not be made from the general appropriations for such work because the Act under which the contract was awarded had been held invalid by the Supreme Court. The contract was made and the work thereunder performed in good faith, both the department and claimant believing it to be valid.

The department and the Attorney General have stipulated that claimant is entitled to the sum of $3,202.43 for the work done by it and claimant is therefore awarded that sum in compliance with said stipulation.