Legal Opinion

Schoellkopf v. City of Chicago

Appellate Court of Illinois

Decided December 2, 1919No. Gen. No. 24,921Published

Appeal from the Circuit Court of Cook county; the Hon. Oscar E. Heard, Judge, presiding. Heard in the Branch Appellate Court at the June term, 1918.

1Opinion of the CourtJustice Gridley

The main question in this case is: Do the city’s specifications tend to restrict free competition among bidders, in violation of section 74 of the Local Improvements Act (J. & A. 1466) 1 This main question is to be determined, as it seems to us, by the decision of either one of two questions of fact, viz.: (1) Do said specifications prescribe a creosote oil which cannot be made without infringing the Reilly ..patent, No. 1,220,001, issued March 20, 1917? (2) Do said specifications tend to foster a monopoly in the manufacture of creosote oil and creosoted wooden paving blocks ?

If said…

2Cases cited13 opinions

  1. General Electric Co. v. Laco-Philips Co.Court of Appeals for the Second Circuit · 1916
  2. Stevens v. St. Mary's Training SchoolIllinois Supreme Court · 1893
  3. Fishburn v. City of ChicagoIllinois Supreme Court · 1898
  4. Holden v. City of AltonIllinois Supreme Court · 1899
  5. Kuehmsted v. Farbenfabriken of Elberfeld Co.Court of Appeals for the Seventh Circuit · 1910

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