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Brook v. Oberlander

MAY 28, 1964.

STANLEY F. BROOK AND NORMAN RUBIN D/B/A ABBOTT CONSTRUCTION COMPANY, AND B.R. ABBOTT CONSTRUCTION CO., AN ILLINOIS CORPORATION, PLAINTIFFS-APPELLANTS,

v.

PAUL OBERLANDER D/B/A LOYOLA ELECTRICAL CONSTRUCTION CO., DEFENDANT-APPELLEE.



Appeal from the Municipal Court of Chicago; the Hon. AUGUSTINE J. BOWE, Judge, presiding. Affirmed.

MR. JUSTICE SULLIVAN DELIVERED THE OPINION OF THE COURT.

This is an appeal from a judgment entered in the Municipal Court of Chicago in favor of the defendant.

The plaintiffs, Stanley F. Brook and Norman Rubin, d/b/a Abbott Construction Company, will hereafter be referred to as the plaintiff partnership, and plaintiff, B.R. Abbott Construction Co., an Illinois corporation, will hereafter be referred to as the plaintiff corporation.

The question involved in this case is whether a contract was created between the defendant and either one or both of the plaintiffs.

The case was tried before the trial judge without a jury and the parties stipulated to the facts, which are as follows:

On March 16, 1962, the defendant, Paul Oberlander, d/b/a Loyola Electrical Construction Co., sent a bid to the plaintiff partnership under which the defendant proposed to furnish the necessary labor and materials to do the electrical work according to plans and specifications dated November 1, 1961, in connection with additions and alterations on the maintenance facilities of the American Airlines at the Chicago O'Hare International Airport for the sum of $9,310.

This bid was admitted into evidence by stipulation as plaintiffs' Exhibit A.

After the bid was sent to the plaintiff partnership by the defendant, the plaintiff corporation obtained the general contract from American Airlines. Thereafter, on March 30, 1962, the defendant went to O'Hare Air Field to meet with Mr. Brook and a representative of the American Airlines. At that time plaintiffs' Exhibits B, C & D (a cover letter, a proposed contract, and a document entitled "provisions of subcontract") were offered to the defendant for signature and he was asked to commence work. In a deposition of the defendant he testified "Probably I told this to Brook that I probably would start the job the next week. That I told him." It was further stipulated that the original bid of the plaintiff corporation to the American Air Lines for the general contract was based on the signed proposal of the defendant. Plaintiffs' Exhibit B, which was handed to the defendant at O'Hare International Airport by Mr. Brook, reads as follows:

"B.R. ABBOTT CONSTRUCTION CO. 5789 North Lincoln Avenue Chicago 45, Illinois

Longbeach 1-2580

Re:

Gentlemen:

We are enclosing a proposed contract and ask that you please read it over carefully. An integral part of the proposed contract is our Form #500 entitled `Submittal Progress Control Form' and Form #314 entitled `Breakdown of Subcontractor's Job Operations.' THESE FORMS MUST BE FILLED OUT COMPLETELY AND IN DETAIL AND WILL REPRESENT A COMMITMENT BY YOUR COMPANY AS TO THE TIME SCHEDULES TO WHICH YOU WILL CONFORM. If you agree with the terms of this proposed contract, please sign and return it to us for our signature.

The enclosed contract is not to be considered as an effective agreement until executed by you and by us. The data submitted by you in the aforementioned forms, if acceptable to us, shall be incorporated in a job co-ordinated progress schedule together with the other trades on this job. When this form has been prepared, a conference will be called of all the subcontractors involved and this schedule will then be adjusted and corrected to the mutual agreement of all ...


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