In a breach of contract action, district court judgment for defendant is affirmed where: 1) the purported agreement that the project manager entered into with plaintiff on the city’s behalf exceeds the limits of the city’s power to contract, as the project manager was not the city’s procurement officer and had no statutory authority to bind the city in contract, and defendant is charged with knowing the level of authority the project manager actually possessed; 2) any oral modifications to the contract prohibited both by the contract and by statute; 3) the purported contract was prohibited by law and therefore void, and cannot be rendered valid by estoppel or ratification; 4) since the purported modified contract was void for lack of authority, the city was not liable for additional payment, and thus defendant cannot create an original liability on an account stated theory; and 5) the court did not abuse its discretion in awarding costs to the city.
Read U.S. NeuroSurgical, Inc. v. City of Chicago, No. 07-3520
Appellate InformationAppeal from the United States District Court for the Northern District of Illinois, Eastern Division.on.Argued January 23, 2009Decided July 9, 2009
JudgesBefore BAUER, EVANS, and WILLIAMS, Circuit Judges.Opinion by BAUER, Circuit Judge.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Civil Rights
Block on Trump’s Asylum Ban Upheld by Supreme Court
Criminal
Judges Can Release Secret Grand Jury Records
Politicians Can’t Block Voters on Facebook, Court Rules
