City of Elgin v. Joslyn

Citations

• 136 Ill. 525
• 26 N.E. 1090

Syllabus

<p>1. Contracts—bidding upon work to be done—specifications. A contractor who bids for work is bound only by the specifications which are shown to him at or before the time he bids, and upon which his bid is based, and not by other specifications not then shown to him, and of which he was then ignorant, so that he did not and could not consider them in making his estimate for his bid.</p> <p>2. But where one makes a bid for a contract to do certain work, on specifications then shown him, which bid is accepted, he not having seen what is called the “general specifications” of the work, if he is afterward informed of and shown the latter, and then executes the contract, he will be bound by the same as a part of his contract.</p> <p>3. Sake—right of abandonment or rescission. A slight or partial neglect to observe some of the terms or conditions of a contract will not justify a rescission or abandonment of it. When a party performs his contract in part, and is prevented by the other party from finishing it, he will have the legal right to abandon it or treat it as rescinded, .and sue and recover for the work and material furnished by him.</p> <p>4. In a suit by a contractor against a city, to recover for work done and materials furnished, it is proper to leave to the jury, by instructions, the question whether or not the plaintiff voluntarily abandoned the work and refused to finish it, and thereby gave the defendant the right to declare the contract forfeited, and to proceed with its completion.</p> <p>5. Evidence—testimony of experts—as to meaning of words used in written contract. Where general words in particular trades and branches of business are used in a new, peculiar or technical sense, those conversant with such use of the words may explain their meaning. So when terms of art or science, or technical phrases and local terms, are used in a contract,'they may be explained by parol testimony.</p> <p>6. Where a contract requires one of the parties to do certain “