Legal Opinion

Miller v. City of Oelwein

Supreme Court of Iowa

Decided June 26, 1912PublishedCited by 15 opinions

'Appeal from Fayette District Court. — Hon. A. N. Hob-son, Judge. Action in equity to enjoin the defendant city and its officers from entering into a contract with intervener, Horrabin, for the grading, curbing, guttering, and paving of a certain street under a bid of intervener' accepted by the city council. A permanent injunction was granted by the lower court, and the intervener, Horrabin, appeals.

1Opinion of the CourtMcClain, C. J.

The provisions of Code sections 810 and 813 as to street improvements contemplate a resolution of necessity or advisability and the letting of contracts for the work proposed to the lowest bidder, and by amendment to these sections (chapter 40, Acts 34th Gen. Assem.) the resolution and the bid may relate to one or more kinds of material proposed to be used, so that the city council may in accepting a bid and entering 'into a contract select the material to be used with reference to the cost of the work constructed of such material as compared with the cost of other kinds of materdál…

2Cases cited12 opinions

  1. Comm'rs of Leavenworth Co. v. HigginbothamSupreme Court of Kansas · 1876
  2. Duncombe v. PrindleSupreme Court of Iowa · 1860
  3. Western Union Telegraph Co. v. TaggartIndiana Supreme Court · 1895
  4. Cascaden v. City of WaterlooSupreme Court of Iowa · 1898
  5. Nixon v. City of BurlingtonSupreme Court of Iowa · 1908

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3Cited by15 opinions

  1. Smith v. ThompsonSupreme Court of Iowa · 1934
  2. Carlton v. GrimesSupreme Court of Iowa · 1946
  3. Iowa Electric Light & Power Co. v. Incorporated Town of Grand JunctionSupreme Court of Iowa · 1933
  4. Davidson Building Co. v. MulockSupreme Court of Iowa · 1931
  5. Urbany v. City of CarrollSupreme Court of Iowa · 1916

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