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SANTUCCI CONST. CO. v. COUNTY OF COOK

No. 58921.

21 Ill. App.3d 527 (1974)

315 N.E.2d 565

SANTUCCI CONSTRUCTION CO., Plaintiff-Appellee, v. COUNTY OF COOK, Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

July 12, 1974.

Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Sheldon Gardner and Paul P. Biebel, Jr., Assistant State's Attorneys, of counsel), for appellant.

James G. O'Donohue, of Chicago (Paul P. Pennick and Philip J. Rock, of counsel), for appellee.

Affirmed in part, reversed in part.

Mr. PRESIDING JUSTICE SULLIVAN delivered the opinion of the court:

This is an appeal by defendant from a decree rescinding a contract bid submitted by plaintiff and ordering the return of the $75,000 bid deposit, together with interest. The issues presented for review are whether (1) the bid was the result of a mistake which justified rescission; (2) a presumption was raised against plaintiff because certain witnesses were...

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