Conway v. City of Chicago
Illinois Supreme Court
Appeal from the Appellate Court for the First District ;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. George A. Carpenter, Judge, presiding.
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Appeal from the Appellate Court for the First District ;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. George A. Carpenter, Judge, presiding. This is an action of assumpsit brought by Richard F. Conway against the city of Chicago to recover the balance due on special assessment' bonds issued in payment of the cost of paving certain streets in Chicago, known as the only of the common counts, to which the city of Chicago pleaded the general issue. By agreement a jury was waived and the cause submitted to the circuit court upon a stipulation of facts. The circuit…
1Opinion of the CourtJustice Vickers
First—By exceptions preserved to the refusal of the court to hold certain propositions of law, appellant has preserved the question of the liability of the city for three items which constitute a part of appellee’s claim. The improvement having been projected by the city as an improvement to be paid for by special assessment, the city is not liable, generally, for any unpaid balance due the contractor. The liability of the city, both under the law and under the contract with appellee, is limited to the amount of the special assessments actually collected for this improvement and which have…
2Cases cited3 opinions
- City of Alton v. FosterIllinois Supreme Court · 1904
- Vider v. City of ChicagoIllinois Supreme Court · 1896
- People ex rel. Talbot Paving Co. v. City of PontiacIllinois Supreme Court · 1900
3Cited by66 opinions
- Rothschild v. Village of Calumet ParkIllinois Supreme Court · 1932
- Oppenheim v. City of FlorenceSupreme Court of Alabama · 1934
- People Ex Rel. Anderson v. Villiage of BradleyIllinois Supreme Court · 1937
- Leviton v. Board of EducationIllinois Supreme Court · 1940
- Board of Trustees v. Village of Glen EllynAppellate Court of Illinois · 1949
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