Board of Ed. of Oklahoma City v. Thurman

We cannot agree with the majority opinion.. As we view the case, the sole question necessary for the determination of the appeal is whether or nut the contract involved in the action is ultra vires and void. The consideration of this question necessarily involves a discussion of powers expressed and implied of municipal corporations and the method by which and extent to which they may expend public funds by contract. This question was pre sented to the lower court by demurrer to plaintiff’s petition and by specific allegations in the defendant’s answer, and here by plaintiff in error’s first…