City of Des Moines v. Horrabin

This suit involves the right of the city of Des Moines to recover moneys which it is alleged were wrongfully paid by said city from the general fund to the defendant, a contractor, in excess of the contract price for paving improvements under the special assessment plan. The facts are not in dispute.

It appears that, on May 28, 1917, the defendant entered into a written contract with the city of Des Moines for the paving of Ingersoll Avenue from Seventeenth Street to Twenty-eighth Street. No question arises as to the regularity or the legality of the letting of this contract. It is…