Decatur Housing Authority v. Christy-Foltz, Inc.

The plaintiff brought this action pursuant to “An Act in relation to bonds of contractors entering into contracts for public construction” (the Act) (Ill. Rev. Stat. 1981, ch. 29, pars. 15, 16), demanding relief from Christy-Foltz, Inc., as principal and contractor, and St. Paul Fire & Marine Insurance Company, as surety upon a performance and payment bond. Upon defendants’ motions, Judge Hendrian dismissed the cause of action with prejudice after finding that the plaintiff failed to allege the defendants’ failure to perform the contract with Decatur Housing Authority (Authority) or under the…