Dwyer v. City of Brenham
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. J. B. McFarland. This suit was brought by Thomas Dwyer against the city of Brenham, on an express contract, to recover $23,752.52, for work and labor performed in printing and binding the ordinances of that city. The petition alleged the incorporation of the defendant, but did not set forth its powers under its charter.
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Appeal from Washington. Tried below before the Hon. J. B. McFarland. This suit was brought by Thomas Dwyer against the city of Brenham, on an express contract, to recover $23,752.52, for work and labor performed in printing and binding the ordinances of that city. The petition alleged the incorporation of the defendant, but did not set forth its powers under its charter. The petition also alleged the terms of a contract by and between one W. P. Presley and the city of Brenham, whereby the former undertook and agreed to print and bind, in book form, for the latter, its ordinances; the…
1Opinion of the Court
Robertson, Associate Justice.
As the city of Brenham is chartered by a public law, its corporate powers are known to the court and need not be pleaded. Section 1 of article 6 of the charter provides that “all ordinances of the city, when printed,” &c., shall be admitted in evidence without proof. This section contemplates the printing of the ordinances.
The charter does not intend that the city shall own a printing establishment, and the legislature never expected the printing to be done without compensation, pro bono publico. The power to make a contract to pay for the printing was, therefore,…
2Cited by7 opinions
- City Council v. Dawson Waterworks Co.Supreme Court of Georgia · 1899
- Smart v. Board of County Com'rs of Craig CountySupreme Court of Oklahoma · 1917
- City of Denver v. HubbardColorado Court of Appeals · 1902
- City of Cleburne v. Cleburne Water, Ice & Lighting Co.Court of Appeals of Texas · 1896
- City of Wichita Falls v. L. J. & Frances StreetmanCourt of Appeals of Texas · 1980
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