Legal Opinion

Terwilliger Land Co. v. City of Portland

Oregon Supreme Court

Decided April 23, 1912PublishedCited by 15 opinions

From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Bean. This is a suit by the Terwilliger Land Company against the City' of Portland, the Oregon Hassam Paving Company, a corporation, and The Title Guaranty & Surety Company, a corporation. The circuit court sustained a demurrer to the complaint, and from a decree entered dismissing the suit plaintiff appeals.

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From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Bean. This is a suit by the Terwilliger Land Company against the City' of Portland, the Oregon Hassam Paving Company, a corporation, and The Title Guaranty & Surety Company, a corporation. The circuit court sustained a demurrer to the complaint, and from a decree entered dismissing the suit plaintiff appeals. The Title Guaranty & Surety Company, being surety on the bonds given by the paving company, was made defendant. The suit involves the validity of 13 contracts for street improvements in the city of Portland; the…

1Opinion of the CourtJustice Bean

The charter of the city of Portland (Section 379) requires that such contracts shall be let to the lowest responsible bidder for either the whole of the improvement, or such part as will not materially conflict with *106the completion of the remainder. It is contended by counsel for plaintiff that it is shown by the complaint that the contracts in question were let to the Oregon Hassam Paving Company in violation of the above provisions of the charter, without competition, under circumstances creating a monopoly in favor of that company, and therefore void; that by designating the entire…

2Cases cited18 opinions

  1. Diamond v. City of MankatoSupreme Court of Minnesota · 1903
  2. Little v. City of PortlandOregon Supreme Court · 1894
  3. North Pacific Lumbering & Manufacturing Co. v. East PortlandOregon Supreme Court · 1886
  4. Fishburn v. City of ChicagoIllinois Supreme Court · 1898
  5. Nicolson Pavement Co. v. PainterCalifornia Supreme Court · 1868

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3Cited by15 opinions

  1. Twohy Bros. v. Ochoco Irrigation DistrictOregon Supreme Court · 1922
  2. Dickman v. School District No. 62cOregon Supreme Court · 1961
  3. Mail-Well Envelope Company v. SaleyOregon Supreme Court · 1972
  4. Bayha v. Public Utility District No. 1Washington Supreme Court · 1939
  5. Wagoner v. City of La GrandeOregon Supreme Court · 1918

10 more not listed; retrieve them via the Exa API.

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