Town of Tempe v. Corbell
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Maricopa. J. C. Phillips, Judge. STATEMENT OP PACTS BY THE COURT. The appellee, as plaintiff, commenced this action' against the incorporated town of Tempe, the appellant, seeking to recover damages resulting from a breach of a contract alleged to have been entered into by the parties on June 1, 1912. A Copy of.■the contract was annexed to the complaint and considered as proven on the trial.
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APPEAL from a judgment of the Superior Court of the County of Maricopa. J. C. Phillips, Judge. STATEMENT OP PACTS BY THE COURT. The appellee, as plaintiff, commenced this action' against the incorporated town of Tempe, the appellant, seeking to recover damages resulting from a breach of a contract alleged to have been entered into by the parties on June 1, 1912. A Copy of.■the contract was annexed to the complaint and considered as proven on the trial. The contract, so far as deemed material, is as follows: “This agreement made and entered into this 1st day of June, 1912, by and between…
1Opinion of the CourtCunningham, J.
The only evidence in the record tending to prove that the defendant, town of Tempe, discharged plaintiff as its street sprinkler, and thereby violated any contract relation, is the testimony of the plaintiff as follows:
“The marshal told me they were going to take the wagon. I was ordered off. . . . George Nichols was the one employed by the council. ’ ’
The plaintiff does not state who ordered him off; whether the marshal, of his own volition, ordered him off, or whether the town council ordered him off the wagon and the marshal was delivering its order. The town could not speak on the matter…
2Cases cited16 opinions
- People Ex Rel. Sims v. Board of Fire CommissionersNew York Court of Appeals · 1878
- Millikin v. County of EdgarIllinois Supreme Court · 1892
- Board of Commissioners v. TaylorIndiana Supreme Court · 1890
- Ex Parte Duncan N. HennenSupreme Court of the United States · 1839
- Wait v. . RayNew York Court of Appeals · 1876
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3Cited by15 opinions
- Local 266, International Brotherhood of Electrical Workers v. Salt River Project Agricultural Improvement & Power DistrictArizona Supreme Court · 1954
- Ambrozich v. City of EvelethSupreme Court of Minnesota · 1937
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- City of Hazel Park v. PotterMichigan Court of Appeals · 1988
- Newman v. McCullough, MayorSupreme Court of South Carolina · 1948
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