Cosgrove v. Highway Commissioner

Mr. Presiding Justice Wolfe

delivered the opinion of the court.

On September 23,1929, in the circuit court of Kankakee county, George Cosgrove, the plaintiff, started suit against- the highway commissioner of the town of Rockville in said county. The action is an assumpsit suit to recover for labor, services and materials furnished by the plaintiff to the defendant. The bill of particulars filed by the plaintiff stated that the amount sued for was the balance due the plaintiff on a contract in writing entered into on Oct. 21, 1921, for the building of a hard road; that the contract price was…