C. G. Carleton & Co. v. City of Washington
Supreme Court of Kansas
Error from Washington District Court. Action brought by C. G. Carleton & Co. against the City of Washington, a city of the third class, to recover $275, alleged to be due upon a contract made between plaintiffs and defendant for the purchase of a hook-and-ladder truck and fixtures.
Read the full summary
Error from Washington District Court. Action brought by C. G. Carleton & Co. against the City of Washington, a city of the third class, to recover $275, alleged to be due upon a contract made between plaintiffs and defendant for the purchase of a hook-and-ladder truck and fixtures. A copy of the contract is as follows: “This agreement, made and entered into this 26th day of January, 1884, by and between C. G. Carleton & Co., of Chicago, 111., party of the first part, and the city of Washington, county of Washington, state of Kansas, party of the second part, witnesseth, that the said party of…
1Opinion of the Court
Opinion by
Clogston, C.:
The only question presented by this record is, can a city of the third class contract for a hook- and-ladder wagon and fixtures, to be paid for in the future? The defendant contends that the authorities of a city have no right or power to contract for appliances and to pledge the credit of the city for the same, except where said payment is to be made out' of the funds appropriated or levied for that current year; while it is claimed ' by the plaintiffs that if the city had authority to contract and purchase such appliances that it has the right to use in payment…
2Cases cited4 opinions
- Ketchum v. . the City of Buffalo and AustinNew York Court of Appeals · 1856
- Corporation of Bluffton v. StudabakerIndiana Supreme Court · 1886
- City of Wyandotte v. ZeitzSupreme Court of Arkansas · 1879
- City of Burrton v. Harvey County Savings BankSupreme Court of Kansas · 1882
3Cited by4 opinions
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- State Ex Rel. Kansas City Insurance Agents' v. Kansas CitySupreme Court of Missouri · 1928
- Kansas Power Co. v. Fairbanks, Morse & Co.Supreme Court of Kansas · 1935
- Webb City & Carterville Waterworks Co. v. City of Webb CityMissouri Court of Appeals · 1899