Municipal City of South Bend v. Blue Lines, Inc.

The sole question presented by this appeal is whether the appellee is required to pick up and transport garbage in areas annexed to the City of South Bend subsequent to the effective date of a contract between the city and the appellee’s assignor. The complaint was filed under the Declaratory Judgments Act (§ 3-1101 et seq., Burns’ 1933, § 438 et seq., Baldwin’s 1934) and the cause was submitted as an agreed case, pursuant to § 2-2201 to § 2-2203, Burns’ 1933, § 362 to § 364, Baldwin’s 1934. The trial court concluded that the appellee is not so obligated and rendered judgment to that effect.…