Sanitary Dist. of Chicago v. Ricker
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. This appeal is from a decree in favor of the appellees, Ricker, Lee, and Owens, co-partners under the name of Ricker, Lee & Co., against the appellant, the sanitary district of Chicago, setting aside and rescinding a contract for the excavation of a mile (called “Section F”) of the drainage canal. 89 Fed. 251. The decree, besides confirming the report of the…
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Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. This appeal is from a decree in favor of the appellees, Ricker, Lee, and Owens, co-partners under the name of Ricker, Lee & Co., against the appellant, the sanitary district of Chicago, setting aside and rescinding a contract for the excavation of a mile (called “Section F”) of the drainage canal. 89 Fed. 251. The decree, besides confirming the report of the master, to whom the case had been referred, by agreement of parties, to take and report the evidence, with his conclusions…
1Opinion of the CourtWoods, Circuit Judge
We are of opinion that the decree under review rests upon an erroneous theory. The contract which the court ordered annulled was made hy parties dealing at arm’s length. The sanitary district stood, in no relation of trust or confidence, and owed no duty, to proposing contractors. The trustees of the district and their chief engineer, it might well be said, were bound in duty to the public to use diligence to obtain such knowledge of the conditions to be dealt with as was necessary to enable them, in letting contracts, to conserve the public interests, but there has been pointed out no…
2Cases cited1 opinion
- Cleaveland v. RichardsonSupreme Court of the United States · 1889
3Cited by10 opinions
- Bates County v. WilesCourt of Appeals for the Eighth Circuit · 1911
- City of Lima v. FarleyCourt of Appeals for the Sixth Circuit · 1925
- Hein v. Westinghouse Air Brake Co.U.S. Circuit Court for the Northern District of Illnois · 1909
- Blassingame v. Greenville CountySupreme Court of South Carolina · 1929
- Cement Products Co. v. County of MartinSupreme Court of Minnesota · 1919
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