I. D. LAIN COMPANY, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
The claimant sought compensation for work performed under an invalid road construction contract. The court, based on a stipulation of facts, awarded $39,416.10 after deducting partial payments already made.
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Headnotes
- CONTRACTS-work performed under contract, cancelled before completion, because of invalidity of law under which awarded-damages-stipulationwhen award may be made. An award is made herein on authority of Bishop Construction Co. vs. State, No. 1845, ante.
The claimant and the Department of Public Works and Buildings entered into a written stipulation of facts in this case which stipulation has been approved by the Attorney General for the State of Illinois, and is as follows: IT IS STIPULATED AND AGREED, by and between the parties hereto, that the fair, just and reasonable value of the work done and the damages incurred by claimant in its performance under the invalid road construction contract on Route No. 19, Section 86-Y, and Route 58, Section 584-Y, awarded on August 24th, 1931, and Route 60, Section 120-Y, awarded on the 31st day of August, 1931, shall properly be considered as amounting to the sum of $64,037.65 as accurately itemized and set forth by "Itemized Statement of Claims" attached hereto and made a part hereof; that of this total sum, $64.- 037.65, said claimant has received, as partial payment from the said respondent the sum of $24,621.55 paid under three regular payment estimates in accordance with the provisions of Contract No. 4521, Route 19, Section 86-Y, and Contract