KENNY CONST. CO. v. SANITARY DISTRICT

Gen. No. 53,764.

128 Ill. App.2d 104 (1970)

262 N.E.2d 842

Kenny Construction Company of Illinois, an Illinois Corporation, Also Known as Kenny Construction Company, an Illinois Corporation, Plaintiff-Appellee, Cross-Appellant, v. The Sanitary District of Greater Chicago, Defendant-Appellant, Cross-Appellee.

Appellate Court of Illinois — First District, First Division.

Rehearing denied September 14, 1970.


Attorney(s) appearing for the Case

Allen S. Lavin, Sidney B. Baker and James Kennedy, of Chicago (Ralph Brill and Fred Herzog, of counsel), for appellant.

Healy, McGurn & O'Brien, and O'Keefe, O'Brien, Hanson & Ashenden, of Chicago (Donald V. O'Brien and James H. O'Brien, of counsel), for appellee.


MR. PRESIDING JUSTICE BURMAN delivered the opinion of the court.

This is an action commenced by the Kenny Construction Company (hereinafter referred to as "Kenny") against the Metropolitan Sanitary District of Greater Chicago (hereinafter referred to as "District") to recover an adjustment of the price of a sewer construction contract necessitated by allegedly unforeseen and unexpected subsurface conditions. The defendant waived a jury, and the case went to trial...

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