City of New Albany v. Conger

Wiley, C. J. —

Appellee sued appellant upon a contract for performing certain public work under and by virtue of an ordinance passed and adopted by the appellant’s common council. The substantial and material provisions of the contract are as follows: That appellee agreed to grade, curb, pave, gutter, pave centers and macadamize, pave sidewalks and masonry of a certain street in said city. Said contract contained the following provisions: “Said city promises and agrees to pay said Conger for doing said work and improvement the several sums as mentioned in his written proposal, which is marked…