City of Detroit v. Michigan Paving Co.
Michigan Supreme Court
Error to Superior Court of Detroit. argued that the city was not liable on an implied assumpsit created in this manner; that the contract providing expressly that the city should not he liable for any portion of the special assessments until the same should have been paid into the city treasury and that the contractor should depend entirely upon the special assessments, and the charter providing that no such public work should he paid for or contracted to he paid for except…
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Error to Superior Court of Detroit. argued that the city was not liable on an implied assumpsit created in this manner; that the contract providing expressly that the city should not he liable for any portion of the special assessments until the same should have been paid into the city treasury and that the contractor should depend entirely upon the special assessments, and the charter providing that no such public work should he paid for or contracted to he paid for except out of the proceeds of the tax or assessment levied to pay for the work, and there being no evidence that any such tax…
1Opinion of the Court
Campbell, J:
The provisions in the charter of Detroit forbidding the execution of public works, except under contract with the lowest bidder, were intended to prevent any action whatever, whereby contractors could make private arrangements with the council for payment for work done or to be done in such cases. If the letting of a contract is only required as a preliminary form, and if, as soon as it is broken, the council and the contractors may make any arrangement they choose in regard to payment for work done, it is evident that there will be yery little safety against such mischief as was…
2Cases cited14 opinions
- Allen v. McKibbinMichigan Supreme Court · 1858
- Fenton v. ClarkSupreme Court of Vermont · 1839
- Lomax v. BaileyIndiana Supreme Court · 1846
- Coe v. SmithIndiana Supreme Court · 1853
- McClay v. HedgeSupreme Court of Iowa · 1864
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Niles Water Works v. Mayor of NilesMichigan Supreme Court · 1886
- Eberstein v. WilletsIllinois Supreme Court · 1890
- McCurdy v. County of ShiawasseeMichigan Supreme Court · 1908
- Snouffer v. City of TiptonSupreme Court of Iowa · 1913
- J. A. Kreis & Co. v. City of KnoxvilleTennessee Supreme Court · 1921
12 more not listed; retrieve them via the Exa API.