Sanitary District of Chicago v. McMahon & Montgomery Co.
Appellate Court of Illinois
Assumpsit, on a contract for excavating a canal. Appeal from the Circuit Court of Cook County; the Hon. Elbridoe Hanecy, Judge presiding.
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Assumpsit, on a contract for excavating a canal. Appeal from the Circuit Court of Cook County; the Hon. Elbridoe Hanecy, Judge presiding. Heard in the Branch Appellate Court at the October term, 1902. This is a suit by appellees against appellant for damages claimed by reason of appellant’s delay in furnishing the right of way which it is alleged appellant was under an implied obligation to furnish appellees under a contract between the parties whereby appellees undertook to excavate and build Section O of the drainage canal. In all other respects the contract has been fully executed and…
1Opinion of the CourtJustice Stein
First. In contemplation of law Green’s Dredging Company was not a bidder, because its bid did not conform to the advertised requirements. The contract was let to the next lowest bidder, McMahon & Montgomery Company, at a price less than its bid, without any re-advertising, and it is now claimed that this avoided the contract. Ho authorities are cited to sustain the contention. If (so far as this point is concerned) it was lawful to let the company have the contract at the price (twenty-three cents) bid. by it—and this is not denied—then it was not contrary to the statute, or to public policy,…
2Cases cited24 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Minnesota Lumber Co. v. Whitebreast Coal Co.Illinois Supreme Court · 1895
- Birmingham Fire Insurance v. PulverIllinois Supreme Court · 1888
- Keeler v. CliffordIllinois Supreme Court · 1897
- Green v. WilliamsIllinois Supreme Court · 1867
19 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Township of Hillside v. SterninSupreme Court of New Jersey · 1957
- Smith v. Intergovernmental Solid Waste Disposal Ass'nAppellate Court of Illinois · 1992
- Iowa Electric Light & Power Co. v. Incorporated Town of Grand JunctionSupreme Court of Iowa · 1933
- Keeshin v. LevinAppellate Court of Illinois · 1975
- State Ex Rel. Russell County v. Fourth National BankSupreme Court of Alabama · 1959
15 more not listed; retrieve them via the Exa API.