McKAY ENG. & CONSTR. CO. v. SANITARY DIST.

Gen. No. 45,619.

348 Ill. App. 89 (1952)

108 N.E.2d 39

McKay Engineering and Construction Company, Appellant, v. The Sanitary District of Chicago, Appellee.

Appellate Court of Illinois.

Rehearing denied October 7, 1952.

Released for publication October 14, 1952.


Attorney(s) appearing for the Case

JOHN J. DOWDLE, of Chicago, for appellant; EUGENE P. KEALY, and WILLARD C. WALTERS, both of Chicago, of counsel.

RUSSELL W. ROOT, of Chicago, for appellee; LOUIS I. FISHER, and JOHN L. EAST, JR., both of Chicago, of counsel.


MR. JUSTICE TUOHY delivered the opinion of the court.

Plaintiff sued defendant for damages claimed for extra work in the construction of a sewer. The case was tried before the court without a jury resulting in finding and judgment for the defendant.

Plaintiff contends (1) that it incurred costs and expenses beyond those provided for or anticipated in its written contract as a result of following plans and specifications furnished plaintiff by defendant which...

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