Legal Opinion

City of Peoria v. Fruin-Bambrick Construction Co.

Illinois Supreme Court

Decided November 8, 1897PublishedCited by 13 opinions

Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Peoria county; the Hon. T. M. Shaw, Judge, presiding.

1Opinion of the CourtJustice Wilkin

This is an action of assumpsit in the circuit court of Peoria county, by the Fruin-Bambrick Construction Company, appellee, against the city of Peoria, to recover for improving Perry street with asphalt pavement.

On April 4, 1894, an ordinance was passed by the city of Peoria for paving Perry street, which provided that the asphalt to be used should be “equal to the best quality obtainable from the Pitch Lake in the island of Trinidad,” and the contract entered into between the construction company and the city of Peoria contains a provision that the quality of asphalt shall be equal “to the…

2Cases cited2 opinions

  1. City of Pekin v. ReynoldsIllinois Supreme Court · 1863
  2. Vider v. City of ChicagoIllinois Supreme Court · 1896

3Cited by13 opinions

  1. Feder v. Midland Casualty Co.Illinois Supreme Court · 1925
  2. City of Danville v. Danville Water Co.Illinois Supreme Court · 1899
  3. Concord Apartment House Co. v. O'BrienIllinois Supreme Court · 1907
  4. Expanded Metal Fireproofing Co. v. BoyceIllinois Supreme Court · 1908
  5. Columbus Safe-Deposit Co. v. BurkeCourt of Appeals for the Seventh Circuit · 1898

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