Mares v. Janutka

Julius J. Olson, Justice.

Plaintiffs, residents and taxpayers of the city of Montgomery, sued defendant to compel him to restore to the city treasury certain money received by him from sale of merchandise and materials to the city during the time he was a member of its council. Counsel for the parties stipulated the facts, in substance, as follows: That the merchandise so sold by defendant 'to the city “was purchased and delivered on open running account and at fair and reasonable prices, and was used by said city in the exercise of its governmental and corporate functions. That all of said…