H. H. GUNTHER CONST. CO., Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought payment for work performed under a contract awarded by the Department of Public Works and Buildings, which was later invalidated by the Supreme Court. The court awarded $188.50 based on a stipulation between the department and the Attorney General.
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- CONTRACTS-work performed under contract, cancelled before completion, because of invalidity of law under which awarded-stipulation-when award may be made thereon. An award is made herein on authority of Bishop Construction Co. vs. State, No. 1845, supra.
On September 21, 1931, the Department of Public Works and Buildings awarded a contract to claimants for the construction of Section 1-W on State Bond Issue Route No. 28.
Claimants executed the contract and bond required by the department and immediately commenced performance on the contract. On October 21, 1931, the department notified claimants that payments for work done under the contract could not be made from the general appropriations for such work because the Act under which the contract was awarded had been held invalid by the Supreme Court. The contract was made and the work thereunder performed in good faith, both the department and claimants believing it to be valid.
The department and the Attorney General have stipulated that claimants are entitled to the sum of $188.50 for the work done by them and claimants are therefore awarded that sum in compliance with said stipulation.