Cox v. Jones
Supreme Court of New Hampshire
Bill in Equity, to restrain 'the execution of a contract to light the streets of the Meredith Village Fire District, made between the district and the Meredith Electric Light Company. At the March term, 1905, of the superior court, the defendants’ demurrer was sustained by Stone, J., subject to the plaintiffs’ exception. The allegations of the bill are in substance as follows: The plaintiffs are taxpayers in the district.
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Bill in Equity, to restrain 'the execution of a contract to light the streets of the Meredith Village Fire District, made between the district and the Meredith Electric Light Company. At the March term, 1905, of the superior court, the defendants’ demurrer was sustained by Stone, J., subject to the plaintiffs’ exception. The allegations of the bill are in substance as follows: The plaintiffs are taxpayers in the district. In August, 1904, the district made a valid contract with responsible parties to light the streets for one year from September 1, and on September 7 made a contract with the…
1Opinion of the CourtYoung, J.
The plaintiffs say that the court had jurisdiction to enjoin the defendants because (1) the contract with the defendant company was illegal, and because (2) it was not for the interest of the district to make such a contract.
The plaintiff's’ first position has no foundation to rest upon; for the mere fact that the district intended when it made the second contract to refuse to carry out the first would not make the second illegal, even if its refusal to complete the first contract would make it liable for all damages which the parties with whom that contract was made should sustain by reason…
2Cases cited2 opinions
- Blood v. Manchester Electric Light Co.Supreme Court of New Hampshire · 1895
- Wiggin v. ManchesterSupreme Court of New Hampshire · 1904
3Cited by3 opinions
- Quackenbush v. City of CheyenneWyoming Supreme Court · 1937
- Clough v. VerretteSupreme Court of New Hampshire · 1920
- Langley v. BrownSupreme Court of New Hampshire · 1933