Board of Com'rs of Kingfisher County v. Vahlberg

I dissent for the following reasons:

1. The rule followed by the majority opinion that a cause will not be considered in this court on a theory not presented in the trial court does not apply to this case, which involves public rights. *532Shaffer Oil & Refining Co. v. County Treasurer, 175 Okla. 6, 52 P. 2d 76; First National Bank v. Southland Production Co., 189 Okla. 9, 112 P. 2d 1087; 3 C. J. 742; 4 C.J.S. 485; 3 Am. Jur. 35.

2. The plaintiff does not point to a statute under which the contract could be made with the architect prior to the accumulation of the fund sufficient to pay for the…