Village of Morgan Park v. Gahan

Citations

• 136 Ill. 515
• 26 N.E. 1085

Syllabus

<p>1. Contract—for local public improvement—pre-existing ordinance, whether a restriction upon the contract price. Where municipal authorities accept a bid for the construction of a proposed local public improvement. the cost to be paid out of a special assessment on property benefited, and there is nothing in the proposition published by the municipality for bids, or in any of its ordinances, indicating that the contract price for the improvement is to be paid from funds raised by any particular assessment, and nothing to lead the bidder to suppose so, neither party will be confined to an assessment theretofore levied, out of which payment is to be made.</p> <p>2. In such case, the fact that the assessment already made for the purpose of paying for the improvement may have been irregular, or even void, will not justify the bidder in refusing to carry out his contract with the municipality and enter into the contract required; and if he fails or refuses to proceed further, he will forfeit any deposit he may have made with his bid, in pursuance of the published proposals for bids.</p> <p>3. Same—additional assessments—to meet the terms of the contract. Where the municipality has entered into a contract with one to make a certain local public improvement, to be paid for out of money to be collected by special assessment, and the work is completed by the contractor, if the assessment proves illegal, and therefore unavailing as a fund to pay the contract price, the municipal authorities will be bound to make another assessment, or any number of additional assessments, to raise money enough to pay the contract price. For this reason the supposed illegality of the first assessment is no excuse for the nonperformance of the contract by the person to whom the work is let.</p> <p>4. Sections 46, 47 and 48, of chapter 24,-article 9, of the City and Village act, provide an adequate remedy for any one who shall have contracted with a city or village, to be paid out of a special