Herlihy Mid-Continent Co. v. Sanitary District

On September 10, 1931, Herlihy Mid-Continent Company, referred to herein as plaintiff, entered into a contract with the Sanitary District of Chicago, designated herein as defendant, under the terms of which, plaintiff was to construct division D of the Calumet sewage works extension. The contract provided that defendant’s chief engineer should furnish monthly estimates of the amount completed, and that per cent of such estimates should be paid monthly, the balance to be retained by defendant until the project was completed. Defendant did not furnish such progress estimates and plaintiff…