City of Somerset v. Smith
Court of Appeals of Kentucky
Case 86 — AGREED CASE 1. Contract void because the council failed to approve, and mayor to sign the record. Ky. Stats., sec. 3503. 2. The contract void because made for more than twenty years. Con., sec. 164. 3. Contract void because of no estimate of costs. Ky. Stats., sec. 3585, 3580. 4. Contract void because mayor and three councilmen do not compose a quorum. Ky.
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Case 86 — AGREED CASE 1. Contract void because the council failed to approve, and mayor to sign the record. Ky. Stats., sec. 3503. 2. The contract void because made for more than twenty years. Con., sec. 164. 3. Contract void because of no estimate of costs. Ky. Stats., sec. 3585, 3580. 4. Contract void because mayor and three councilmen do not compose a quorum. Ky. Stats., secs. 3484, 3482, 3502, 3485', 3550, 3570, 3271, 3294; Con., secs. 160, 35, 37, 83. 1. On failure to sign and approve the minutes. Ky. Stats., sec. 3503. 2. The contract was made to commence in the future. Con., sec. 164.…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the court.
This is an agreed case, brought to test the validity of a contract entered into, or attempted to be made, between the city of Somerset and appellee for a franchise and privilege of an electric light and power plant in the city of Somerset. The agreed facts present an ordinance or resolution passed by the council at a regular meeting in August, 1897. This resolution provides for a public letting of a franchise privilege for the period of twenty years, beginning at the expiration or termination of a contract then in existence, made in 1890, for the…
2Cited by17 opinions
- Cedar Rapids Water Co. v. City of Cedar RapidsSupreme Court of Iowa · 1902
- City of Princeton v. Princeton Electric Light & Power Co.Court of Appeals of Kentucky · 1915
- City of Somerset v. Somerset Banking Co.Court of Appeals of Kentucky · 1900
- City of Saginaw v. Consumers' Power Co.Michigan Supreme Court · 1921
- Cumberland Telephone & Telegraph Co. v. City of CalhounCourt of Appeals of Kentucky · 1912
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