Hitchcock v. Galveston
Supreme Court of the United States
Error to the Circuit Court of the United States for the Eastern District of Texas. The judgment in the court below having been given upon a demurrer to the plaintiffs’ petition, there is no controversy about the facts.
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Error to the Circuit Court of the United States for the Eastern District of Texas. The judgment in the court below having been given upon a demurrer to the plaintiffs’ petition, there is no controversy about the facts. The city of Galveston, proposing to improve some of its sidewalks, entered into a contract with D.exter G. Hitchcock and James W. Byrnes, the plaintiffs, by which they agreed to furnish the materials'and in whole or in part to do the work necessary for the improvement. The work consisted of filling, grading, curbing, and paving. By ordinance, it had been determined that the…
1Opinion of the CourtJustice Strong
The demurrer to the plaintiffs’ petition raises several questions,- all relating to the validity or- construction of the agree-: ment between the parties.- These- questions were not all considered by the Circuit Court; but, as we are-of . opinion that court erred in giving •'judgment for the defendant, we cannot • overlook any consideration that could justify such a judgment.
It is contended, on behalf of the defendants, that- the city of Galveston had no power given to it by law1 t¡Q.,make the- contract whioh was made, or bind itself to pSy with the' bonds described, for sidewalk…
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