S. J. GROVES & SONS COMPANY, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
Claimant sought payment for work performed under contracts awarded by the Department of Public Works and Buildings, after the department notified claimant that payments would not be made because the enabling act had been held invalid. The court awarded $22,654.61 based on a stipulation approved by the Attorney General, finding the contract was made in good faith.
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Headnotes
- CONTRACTS-work performed under contract, cancelled before completion, because of invalidity of law under which awarded-stipulation-when award may be made. An award is made herein on authority of Bishop Construction Co. vs. State, No. 1845, ante.
On August 19, August 24, and September 12, 1931, the Department of Public Works and Buildings awarded contracts to claimant for the construction of Section G-RB on State Bond Issue Route No. 20; Section 23-RB, Route No. 22; Section 583-H, Route No. 53, and Section 124-A, Route No. 100. Claimant executed the contract and bond required by the department and immediately thereafter commenced performance on the contract. On October 6, 1931, the department notified claimant that payments for work done under the contract would not be made from the general appropriation 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 claimant believing it to be valid.
The department, with the approval of the Attorney General for the State, has stipulated that claimant is entitled to the sum of $22,654.61 for the work, the additional expense, and rental of equipment by it, and claimant is therefore awarded that sum in compliance with said stipulation.