City of Clovis v. Southwestern Public Service Co.

LUJAN, Justice.

This case arises out of the sale by the City of Clovis of its utility properties to New Mexico Utilities Company, the predecessor in interest and liability of defendant-appellee. The, sale was made in the Fall of 1925 and was fully executed by the City at that time.

Appellant contends, under a number of assignments, that this sale was, and is, void (1) because it is generally violative of the Constitution; (2) because at the election wherein was submitted to the electors the question of the sale of the properties, the question of the sale of the electric property and the…