Illinois State Toll Highway Commission Ex Rel. Patten Tractor & Equipment Co. v. M. J. Boyle & Co.

The Circuit Court of Cook County sustained defendants’ motions to dismiss the second amended complaint filed by the plaintiff and dismissed the suit. From that order this appeal is taken.

From the record it appears in substance that two corporations, M. J. Boyle & Company and Ryan Construction Co., Inc. (hereinafter referred to as “Boyle” and “Ryan”), entered into a contract with the Hlinois State Toll Highway Commission whereby Boyle and Ryan agreed to act as general contractors for the construction of certain public highways. Boyle and Ryan then entered into a contract with another…