Hardin v. City of Chicago

Mr. Presiding Justice Friend

delivered the opinion of the court.

Plaintiff appeals from an order of the circuit court denying his petition for a writ of mandamus to compel the City of Chicago and its comptroller to pay over to him so-called penalty interest collected by it on special assessment against which petitioner held the only outstanding voucher.

The matter was submitted to the trial court on a written stipulation of facts, and two exhibits which were received in evidence without objection. The uncontroverted facts disclose that petitioner was a contractor who furnished labor and material…