Village of Moyie Springs v. Aurora Manufacturing Co.

TAYLOR, Chief Justice.

January 27, 1960, the parties entered into a contract for a lease by the plaintiff (respondent) to the defendant (appellant) of certain industrial property to be acquired by the village pursuant to and in conformity with ch. 265, S.L.1959, and ordinance No. 17, passed and adopted by the village pursuant to said act. Defendant refused to further perform the agreement upon the advice of counsel that the act authorizing the ordinance and contract is unconstitutional. The village and its trustees brought this action against defendant for a declaratory judgment adjudicating…