Fineran v. Central Bitulithic Paving Co.
Court of Appeals of Kentucky
Case 50 — Action by William Finekan and Others against the Central Bitulitiito Paving Company and Others to Have-a Certain Paving Contract Declared Void. APPEAL PROM CAMPBELL CIRCUIT COURT.' Demurrer to Plaintiit’s Petition Sustained and They Appeal. PROPOSITIONS AND CITATIONS.
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Case 50 — Action by William Finekan and Others against the Central Bitulitiito Paving Company and Others to Have-a Certain Paving Contract Declared Void. APPEAL PROM CAMPBELL CIRCUIT COURT.' Demurrer to Plaintiit’s Petition Sustained and They Appeal. PROPOSITIONS AND CITATIONS. The city council of .the city of Newport having, under an ordinance which precluded competitive bidding, and required a street to be paved with a patented composition known as “bituminous macadam,” awarded a contract for the paving of the street with, that composition to a corporation having the control of the patented…
1Opinion of the Court
Opinion or the court by
JUDGE NUNN
Reversing.
This appeal is from a judgment of the Campbell circuit court sustaining a' demurrer to the petition of appellant. The petition is in two paragraphs. After setting forth 'the usual and formal averments, we quote in substance such portions as are necessary for the determination of the question before us: “That on May 8, 1902, the property holders owning more than two-thirds of the front feet of all the property fronting upon Columbia street, in Newport, Ky., between Third and Fourth streets, petitioned the general council of the city in a written…
2Cases cited3 opinions
- Fishburn v. City of ChicagoIllinois Supreme Court · 1898
- Trapp v. City of NewportCourt of Appeals of Kentucky · 1903
- Chicago & Northwestern Railway Co. v. People ex rel. WarnerIllinois Supreme Court · 1898
3Cited by26 opinions
- Gathright v. H. M. Byllesby & Co.Court of Appeals of Kentucky · 1913
- Saunders v. City of Iowa CitySupreme Court of Iowa · 1907
- State Ex Rel. City of Stamford v. Board of Purchase & SuppliesSupreme Court of Connecticut · 1930
- City of Springfield v. HaydonCourt of Appeals of Kentucky (pre-1976) · 1926
- Pacella v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 1959
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