Stone v. City of Arcola

This action was brought by plaintiff E.R. Stone, d/b/a Stone Heavy Equipment Company, against defendant City of Areola (City) to recover monies held by defendant which plaintiff claims to be due to plaintiff under a construction contract. Plaintiff’s two-count complaint alleges breach of contract (count I) and equitable restitution based on a theory of unjust enrichment and implied contract (count II).

Defendant counterclaimed to recover damages caused by plaintiff’s delay in completing the contract and failure to perform all work required by the contract. Following a bench trial conducted in…