Mulkey v. Quillian

Wyatt, Presiding .Justice.

1. The parties to the instant case agree that the legality of the contract here involved is dependent solely and entirely upon the constitutionality of the Act of the General Assembly (Ga. L. 1957, p. 660) authorizing such contracts. The constitutionality of the act, supra, is, in turn dependent upon whether or not the legislature was authorized under the Constitution of the State of Georgia to empower the Highway Department to enter into a contract such as is here involved. The plaintiff in error contended in the lower court and insists in this court that the act,…