E. H. Swenson & Son, Inc. v. Lorenz

As this case was submitted to the court upon briefs and oral argument, the only question it presents is whether the action is one against the State of Illinois, and therefore barred by section 26 of article IV of the constitution, which provides: “The state of Illinois shall never be made defendant in any court of law or equity.”

The plaintiffs are four highway construction companies who submitted bids for specified construction projects, at a public contract letting on March 14, 1963, and who were awarded contracts based upon those bids on various dates following April 14, 1963. Certain…