Morton v. Pacific Construction Co.

This is an action under our Uniform Declaratory Judgments Act (chap. 10, Laws 1927), brought by the Pacific Construction Company “to settle and to afford relief from uncertainty and insecurity” a paving contract, entered into between plaintiff and defendant city of Phoenix, wherein the plaintiff has agreed to pave Second Street in said city, from the north line of Van Burén Street to the south line of McDowell Street.

The complaint sets out that the regular statutory requirements under the Street Improvement Act (chap. 13, title 7, Civ. Code 1913) for paving Second Street and the letting of…