S.F. Gas Co. v. City of San Francisco
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District. The plaintiff sues on a contract for lighting the city of San Francisco with gas, executed on the part of the city by committees of both boards of aldermen, under the authority of ordinance No. 249. The ordinance authorizes the contract, “subject to confirmation by the Common Council for the city.” The contract was confirmed by a joint resolution of the Common Council.
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Appeal from the District Court of the Twelfth Judicial District. The plaintiff sues on a contract for lighting the city of San Francisco with gas, executed on the part of the city by committees of both boards of aldermen, under the authority of ordinance No. 249. The ordinance authorizes the contract, “subject to confirmation by the Common Council for the city.” The contract was confirmed by a joint resolution of the Common Council. The defence set up is, that the contract ought to have been confirmed by ordinance, and that the claim of the plaintiff had been presented to the board of…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Terry concurred.
We are at a loss to understand on what ground the Court below based its judgment. The ordinance was a sufficient authority for the original contract, and the confirmation by the Common Council, by joint resolution, was all that was contemplated. Had it been the intention of the Council to require a confirmation by ordinance, they would doubtless so have expressed themselves, in which event, the approval of the Mayor would have been necessary.
*192It is no bar to the plaintiff’s claim that it was…
2Cited by8 opinions
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- Crowe v. BoyleCalifornia Supreme Court · 1920
- McGavock v. City of OmahaNebraska Supreme Court · 1894
- Martindale v. PalmerIndiana Supreme Court · 1876
- Steenerson v. FontaineSupreme Court of Minnesota · 1908
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