J. E. Salfisberg & Co. v. City of St. Charles
Appellate Court of Illinois
Assumpsit. Appeal from the Circuit Court of Kane county; the Hon. Duane J. Cabnes, Judge, presiding. Heard in this court at the October term, 1909. Certiorari denied by Supreme Court making opinion final. Statement by the Court. The city of St. Charles advertised for bids for the construction of a concrete reservoir in connection with a system of water-works which it was building.
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Assumpsit. Appeal from the Circuit Court of Kane county; the Hon. Duane J. Cabnes, Judge, presiding. Heard in this court at the October term, 1909. Certiorari denied by Supreme Court making opinion final. Statement by the Court. The city of St. Charles advertised for bids for the construction of a concrete reservoir in connection with a system of water-works which it was building. A proposal to build the reservoir for $5,600 was submitted by J. E. Salfisberg, doing business as J. E. Salfisberg & Co., and the contract was let to him. The reservoir was built on the side of a hill containing…
1Opinion of the CourtJustice Willis
It is clear that the material requirements of the specifications were departed from in the construction of the reservoir and that it did not answer the purpose for which it was intended.
Appellant does not deny either of these facts but contends that the final certificate issued by the supervising engineer was conclusive evidence of the performance of the contract, and that it was not essential to his right of recovery upon such certificate that the work was done in accordance with the plans and specifications; that where a contract provides that work shall be carried on under the direction of…
2Cases cited4 opinions
- Mercantile Trust Co. v. HenseySupreme Court of the United States · 1907
- Adlard v. MuldoonIllinois Supreme Court · 1867
- Sanitary District of Chicago v. McMahon & Montgomery Co.Appellate Court of Illinois · 1903
- Barbee v. FindlayIllinois Supreme Court · 1906
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