American-La France Fire Engine Co. v. City of Astoria

WOLVERTON, District Judge.

This is an action to recover against the city of Astoria, on a contract entered into by and between plaintiff and the fire and water committee for the city, the cost price of a six-cylinder combination pump hose and chemical car, to be used as fire apparatus in extinguishing conflagrations in the city. The liability of the city upon the contract is challenged by demurrer to the complaint. The question presented is whether the fire and water com-*481mittce had the requisite power and authority to enter into the contract on the part of the city and in its behalf.

There is a…