Salem Water Co. v. City of Salem
Oregon Supreme Court
Appeal from Marion County. The complaint alleges, in substance, that the city of Salem, by an ordinance, contracted and agreed to pay James M. Martin and David Allen, their associates, successors and assigns, for supplying said city of Salem with good and whole’some water, as by said ordinance provided, the sum of eighteen hundred dollars per annum, in gold coin, to be paid in quarterly installments in each and every year for seventeen years.
Read the full summary
Appeal from Marion County. The complaint alleges, in substance, that the city of Salem, by an ordinance, contracted and agreed to pay James M. Martin and David Allen, their associates, successors and assigns, for supplying said city of Salem with good and whole’some water, as by said ordinance provided, the sum of eighteen hundred dollars per annum, in gold coin, to be paid in quarterly installments in each and every year for seventeen years. That said Martin & Allen duly accepted the contract and undertook to comply with its terms and conditions; that afterwards, for a valuable…
1Opinion of the Court
By the Court,
Prim, J.:
The respondent is a municipal corporation created by the Legislature, and clothed with the usual powers of such corporations. Its charter, among other things, provides that “the mayor and aldermen shall compose the Common Council of said city * * * and shall have the exclusive power to levy and collect taxes for city purposes, not to exceed one per cent, per annum on property in said city taxable for county purposes; to make by-laws and ordinances not inconsistent with the laws of the United States, or of this State.” It further provides that “the City Council shall not…
2Cases cited4 opinions
- Koppikus v. State Capitol Comm'rsCalifornia Supreme Court · 1860
- State v. McCauleyCalifornia Supreme Court · 1860
- People ex rel. McCullough v. PachecoCalifornia Supreme Court · 1865
- Montgomery v. LamptonCourt of Appeals of Kentucky · 1861
3Cited by21 opinions
- Public Market Co. v. City of PortlandOregon Supreme Court · 1942
- McBean v. City of FresnoCalifornia Supreme Court · 1896
- City Council v. Dawson Waterworks Co.Supreme Court of Georgia · 1899
- DeFazio v. Washington Public Power Supply SystemOregon Supreme Court · 1984
- Little v. City of PortlandOregon Supreme Court · 1894
16 more not listed; retrieve them via the Exa API.