Ellefson v. Smith

The defendants, respondents on appeal, are the mayor, city clerk, treasurer, and members of the common council of the city of Viroqua, and the contractor who built a reservoir for the city water system. The contract for building the reservoir was let by the city officials without specifications being on file with the city clerk and without advertising for bids, contrary to the statutes of the state applicable thereto. The reservoir was built and payment made to the contractor of the contract price of $5,450. This action was brought to compel restitution by defendants to the city treasury of…