O'Dowd v. Waters, Mayor

Mr. Acting Associate Justice B. A. Morgan

(concurring and dissenting) : Action by the plaintiff, individually and as a citizen and taxpayer of the City of Florence, for the double purpose of compelling specific performance of an alleged contract with the City to lease to him the theatre auditorium, owned by the City, a part of the City Hall,, and to enjoin the City from executing a lease thereof to another party, Schnibben & Howard, whose bid at a lower figure has been accepted. The date of the commencement of the action is September 6, 1923, and on that day, upon the verified complaint, a…