John C. Tully Co. v. State, 27 Ill. Ct. Cl. 139 (1971)

April 27, 1971 · Illinois Court of Claims · No. 5206

27 Ill. Ct. Cl. 139

(No. 5206

John C. Tully Company, A Corporation and Michael Pontarelli, Inc., A Corporation, Claimants, vs. State of Illinois, Respondent.

Opinion filed April 27, 1971.

Harry M. Brostoff and Donald J. O’Brien, Jr., Attorneys for Claimants.

William J. Scott, Attorney General; Saul R. Wexler, Assistant Attorney General, for Respondent.

Berlin, C.J.

The instant cause was filed in December of 1964 as a result of a dispute over a construction contract under which the claimants were joint venturers. The parties have entered a stipulation in which they agreed that the respondent was liable for damages as to certain counts in the complaint. The respondent acknowledged its liability therein to the extent of $271,192.00 in return for which the claimants agreed to waive, release and relinquish any and all claims presented under this cause;

IT IS HEREBY ORDERED that the sum of $271,192.00 be awarded to claimants in full satisfaction of any and all claims presented to the State under case No. 5206.