Russell v. Minteer

• Decision Date: 30 September 1876
• Citation: 83 Ill. 150,1876 WL 10305
• Parties: SAMUEL J. RUSSELL et al.v.ISAAC A. MINTEER.
• Court: Illinois Supreme Court

83 Ill. 150

1876 WL 10305 (Ill.)

SAMUEL J. RUSSELL et al.

v.ISAAC A. MINTEER.

Supreme Court of Illinois.

September Term, 1876.

APPEAL from the Circuit Court of Bureau county; the Hon. EDWIN S. LELAND, Judge, presiding.

Mr. J. J. HERRON, and Mr. JOHN SCOTT, for the appellants.

Mr. GEO. W. STIPP, and Mr. J. B. RICE, for the appellee.

Mr. JUSTICE DICKEY delivered the opinion of the Court:

This was an action in the circuit court, by Minteer against Russell, Masters and Borden, as highway commissioners of the town of Leepertown, to recover damages for the alleged breach of an alleged contract to construct two certain bridges.

The declaration charges, that, as such commissioners, defendants advertised for bids to build two certain bridges, and that the advertisements declared the contract was to be let to the lowest and most responsible bidder, according to the specifications in the town clerk's office, and that said bridges were to be built in a reasonable time after such letting; that on Sept. 12, 1873, the bids were opened, and plaintiff was the lowest bidder, and that his bid was then accepted by defendants; that on the faith of such acceptance, plaintiff procured material for the work to the amount of $300, but defendants forbade him from proceeding with the work, and for this supposed breach of that contract plaintiff was damaged $300. The general issue was pleaded. On the trial the suit was dismissed by plaintiff as to Borden. Verdict and judgment were rendered against Russell and Masters for $50. Russell and Masters appeal from this judgment.

The bill of exceptions, as the judge certifies, contains “the substance of the evidence, and is sufficiently accurate to preserve all questions except that of the verdict being against the weight of the evidence.”

On the trial, no evidence whatever appears to have been given tending to show that the highway commissioners advertised for bids to build the bridges in question. No proof whatever appears, tending to show that any specifications were in the office of the town clerk, no proof whatever as to what such specifications contained, and no proof of the allegation that, by the terms of the alleged advertisement and specifications, the bridges were to be built in a reasonable time after the letting under the bids sought.

There is proof tending to show that bids for building two bridges were made, in writing, by plaintiff and others, and left with the town clerk, and that plaintiff's bid was for $238 on each bridge, and he was the lowest bidder, and that attached to his bid was the statement, “I will be here on Tuesday next.” There is proof that the commissioners, on opening the bids Sept. 20, 1873, found and declared the bid of plaintiff the lowest, and that instead of arranging to meet him at the clerk's office on the next Tuesday, they left a note for him with the town clerk, signed by Russell and Masters, saying, “please meet us at the Bureau House Wednesday, Sept. 24, about four o'clock P. M., to complete your bid on bridges.” There is also proof that plaintiff did not appear, either at the clerk's office on Tuesday or at the Bureau House on Wednesday, Sept. 24, 1873, and never after had any communication in the way of closing a contract with the commissioners, except an alleged interview with Russell, one of them, in Princeton. There is no proof tending to show that Russell was ever authorized by the highway commissioners to make any contract in their behalf with Minteer on this subject.

The court charged the jury, that they should find for the plaintiff if they shall believe, from the following facts--

“1st. That about the month of September, 1873, the defendants, Samuel Russell and Miles Masters, as highway commissioners of Leepertown, advertised that they would, until the 20th day of said September, receive at the town clerk's office of said town proposals or bids for the job of building two bridges in said town, and that they...