City of Greencastle v. Allen

This suit was brought by the appellee against the appellant, and the only question that need be decided is this: If a city, organized and acting under our general law for that purpose, makes a contract for the improvement of a street at the expense of the property holders on the street, and the contractor does the work in whole or in part, and the engineer refuses to make an estimate, and the council refuses to issue precepts upon proper application against the property holders on the street, can a suit be maintained by the contractor against the city for damages in money? We answer this…