City of Peoria v. Fruin-Bainbrick Const. Co.

CourtIllinois Supreme Court
Writing for the CourtWILKIN
Citation48 N.E. 435,169 Ill. 36
PartiesCITY OF PEORIA v. FRUIN-BAINBRICK CONST. CO.
Decision Date08 November 1897

169 Ill. 36
48 N.E. 435

CITY OF PEORIA
v.
FRUIN-BAINBRICK CONST.
CO.

Supreme Court of Illinois.

Nov. 8, 1897.


Appeal from appellate court, Second district.

Action by the Fruin-Bainbrick Construction Company against the city of Peoria. From a judgment of the appellate court (68 Ill. App. 277) affirming a judgment for plaintiff, defendant appeals. Reversed.


[169 Ill. 36]W. T. Irwin, City Atty. (Stevens, Horton & Abbott, of counsel), for appellant.

Arthur Keithley, for appellee


WILKIN, J.

This is an action of assumpsit in the circuit court of Peoria county by the Fruin-Bainbrick Construction Company, appellee, against the city of Peoria, to recover for improving Perry street with asphalt pavement. On April 4, 1894, an ordinance was passed by the city of Peoria for paving Perry street, which provided that the [169 Ill. 37]asphaltum to be used should be ‘equal to the best quality obtainable from the Pitch Lake in the Island of Trinidad,’ and the contract entered into between the construction company and the city of Peoria contains the provision that the quality of asphalt shall be ‘equal to the best quality obtainable from the Pitch Lake in the Island of Trinidad, unmixed with coal tar or any of its products; it must be carefully refined, and brought to a uniform standard of purity and gravity.’ It also provides that ‘samples of the pavement mixture used each day should be furnished to the city engineer’; also, ‘All materials of whatever character, not acceptable by the engineer, will be considered rejected, and immediately removed from the vicinity of the work;’ also, ‘The work shall be begun at such points and at such time as the department of public works shall direct, and no block shall be closed to the public except when the contractor is actually working;’ also, ‘In the interpretation of these specifications, and upon all questions concerning the execution of the work, the decision of the commissioner shall be final;’

[48 N.E. 436]

that the entire work shall be done ‘under the direction of the city engineer, and to the entire satisfaction of the city engineer and commissioner of public works'; and that compensation for 95 per cent. of the work shall be made only after it is completed ‘to the entire satisfaction of the commissioner of public works and the city engineer,’ and the remaining 5 per cent. shall be paid at the end of six months ‘upon the approval and acceptance of the whole work by the commissioner of public works and the city engineer.’...

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12 practice notes
  • Evans v. Cheyenne Cement, Stone & Brick Company, 673
    • United States
    • United States State Supreme Court of Wyoming
    • March 24, 1913
    ...measure of value than that agreed upon by the parties to the contract. (Clark v. Smith, 14 Johns. 326; Peoria v. Fruin-Bambrick Co., 169 Ill. 36; Denmead v. Coburn, 15 Md. 29; Dermott v. Jones, 2 Wall. 1; Eckel v. Murphy, 15 Pa. St. 488; Elliott v. Caldwell, 43 Minn. 357; Fogg v. Rapid Tran......
  • Board of Com'rs of Lake County v. Linn
    • United States
    • Colorado Supreme Court of Colorado
    • April 7, 1902
    ...Pekin v. Reynolds, 31 Ill. 529, 83 Am.Dec. 244, and City of Chicago v. People, 56 Ill. 327; City of Peoria v. Fruin-Bambrick Const. Co., 169 Ill. 36, 48 N.E. 435.'' As to interest coupons not issued by a municipal corporation, the rule in Illinois is, as stated in the opinion, that interest......
  • Coles Cnty. v. Goehring
    • United States
    • Supreme Court of Illinois
    • April 20, 1904
    ...and illegally withheld by it.’ City of Danville v. Danville Water Co., 180 Ill. 235, 54 N. E. 224;City of Peoria v. Construction Co., 169 Ill. 36, 48 N. E. 435;Vider v. City of Chicago, 164 Ill. 354, 45 N. E. 720;City of Pekin v. Reynolds, 31 Ill. 529;City of Chicago v. People, 56 Ill. 327.......
  • Concord Apartment House Co. v. O'Brien
    • United States
    • Supreme Court of Illinois
    • October 3, 1907
    ...Howell, 211 Ill. 85, 71 N. E. 854. We do not think the decisions of Hart v. Carsley Mfg. Co., supra, City of Peoria v. Construction Co., 169 Ill. 36, 48 N. E. 435, and Parmly v. Farrar, 169 Ill. 606, 48 N. E. 693, cited by appellant, in any way conflict with this conclusion. It was not erro......
  • Request a trial to view additional results
12 cases
  • Evans v. Cheyenne Cement, Stone & Brick Company, 673
    • United States
    • United States State Supreme Court of Wyoming
    • March 24, 1913
    ...measure of value than that agreed upon by the parties to the contract. (Clark v. Smith, 14 Johns. 326; Peoria v. Fruin-Bambrick Co., 169 Ill. 36; Denmead v. Coburn, 15 Md. 29; Dermott v. Jones, 2 Wall. 1; Eckel v. Murphy, 15 Pa. St. 488; Elliott v. Caldwell, 43 Minn. 357; Fogg v. Rapid Tran......
  • Board of Com'rs of Lake County v. Linn
    • United States
    • Colorado Supreme Court of Colorado
    • April 7, 1902
    ...Pekin v. Reynolds, 31 Ill. 529, 83 Am.Dec. 244, and City of Chicago v. People, 56 Ill. 327; City of Peoria v. Fruin-Bambrick Const. Co., 169 Ill. 36, 48 N.E. 435.'' As to interest coupons not issued by a municipal corporation, the rule in Illinois is, as stated in the opinion, that interest......
  • Coles Cnty. v. Goehring
    • United States
    • Supreme Court of Illinois
    • April 20, 1904
    ...and illegally withheld by it.’ City of Danville v. Danville Water Co., 180 Ill. 235, 54 N. E. 224;City of Peoria v. Construction Co., 169 Ill. 36, 48 N. E. 435;Vider v. City of Chicago, 164 Ill. 354, 45 N. E. 720;City of Pekin v. Reynolds, 31 Ill. 529;City of Chicago v. People, 56 Ill. 327.......
  • Concord Apartment House Co. v. O'Brien
    • United States
    • Supreme Court of Illinois
    • October 3, 1907
    ...Howell, 211 Ill. 85, 71 N. E. 854. We do not think the decisions of Hart v. Carsley Mfg. Co., supra, City of Peoria v. Construction Co., 169 Ill. 36, 48 N. E. 435, and Parmly v. Farrar, 169 Ill. 606, 48 N. E. 693, cited by appellant, in any way conflict with this conclusion. It was not erro......
  • Request a trial to view additional results

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