Board of Education Ex Rel. Palumbo v. Pacific National Fire Insurance

This is an action at law by a subcontractor seeking payment of a balance due him for excavating services in the construction of a public high school. Plaintiff appealed from an adverse summary judgment direct to the Illinois Supreme Court, contending that the validity of a statute was involved, but the Supreme Court transferred the case to this court on defendants’ motion. Therefore, the constitutionality of the statute involved is not before this court and will not be discussed. Kowalczyk v. Swift & Co., 317 Ill. 312 (1925); People v. Stump, 269 Ill. App. 182, 184 (1933).

Defendant Jacobson…