SCHMIDT CONSTRUCTION COMPANY, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

The claimant, a street paving contractor, sought payment for paving work done on streets adjacent to property owned by the Illinois Industrial Home for the Blind. The court awarded the full amount claimed, $229.35, based on the work's completion and acceptance by state agents and the Attorney General's consent.

Claim type: Contract

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Headnotes

CONTRACT-when State liable. The decision of the court announced in

CONTRACT-when State liable. The decision of the court announced in the case of Schnepf & Barnes v. State, supra, governs this claim. OSCAR E. CARLSTROM, Attorney General; S. S. DUHAMEL, Assistant Attorney General, for respondent.

MR. JUSTICE LEECH delivered the opinion of the court:

This is a claim filed by the Schmidt Construction Company. It appears from letters introduced in this case and from statement made, that the Schmidt Construction Company are contractors of street pavements; that said company paved 19th and 20th Albany, Marshall Blvd., wherein the Illinois Industrial Home for the Blind, a State Institution, own property; that all work has been completed and accepted by the authorized agents of the State of Illinois and that the amount of the claim is $229.35.

The Attorney General, in behalf of the State, submits herewith a letter from O. H. Jenkins, Director of Public Welfare, in which the said Department feels that this is a just claim and should be allowed. The Attorney General therefore consents to an award in favor of the claimant, the Schmidt Construction Company in the sum of $229.35.

We therefore award the claimant the sum of $229.35.