El Paso Gas, Electric Light & Power Co. v. City of El Paso

FLY, Associate Justice.

—Appellant instituted this suit against appellee to recover the sum of $1470.80 on an express contract for lighting the city for a period of three months. Appellee pleaded a general denial and that the motion authorizing the contract had been vetoed by the mayor, and that the city was not liable on the contract because it lacked mutuality, and was therefore void. The cause was tried by the court and judgment rendered in favor of appellee.

On the 36th day of January, 1899, appellant proposed to the city council, at a regular meeting thereof, to light the streets of El…