City of Yuma v. English

— This action is by English & Pierce, to recover from the city of Yuma, a municipal corporation, the price of a city hall, which they allege in their complaint was “sold and delivered to the defendant” at its “special instance and request,” and alleged to have been “reasonably worth $68,000,” an amount which the defendant “promised to pay,” but failed to do, with the exception of $36,631.

The complaint is a .detail from the ancient common counts, alleging sale and delivery at special instance and request of the buyer and failure to pay. It assumes that a municipal corporation may buy a city…