DUFFIN IRON COMPANY, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought payment for work performed under a contract that was later invalidated by the Supreme Court. The court awarded $21,023.34 for equipment rental and additional expenses based on a stipulation approved by the Attorney General.
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- CONTRACTS-work performed and materials furnished under contract, cancelled before completion, because of invalidity of law under which awarded-damages-stipulation-when award may be made. An award is made herein on authority of Bishop Construction Co. vs. State, No. 1845, ante.
On September 12, 1931, the Department of Public Works and Buildings awarded a contract to claimant for the construction of Section 462-V. C. on State Bond Issue Route No. 46. Claimant executed the contract and bond required by the Department and immediately thereafter commenced performance on the contract. On October 6, 1931, the department notified claimant that payments for work done under the contract could not be made from the general appropriation 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, with the Attorney General's approval, has stipulated that claimant is entitled to the sum of $21,- 023.34, for the rental on equipment and additional expense incurred by it, and claimant is therefore awarded that sum in compliance with said stipulation.