City of Gadsden v. Jones

BROWN, Justice.

Special assumpsit for the breach of an alleged express executory contract, by which the appellant, city of Gadsden, a municipal corporation engaged in the business of furnishing water for domestic uses to its inhabitants, undertook to furnish water to plaintiff’s residence for domestic use.

The appeal is on the record, and the questions presented relate to the sufficiency of the plaintiff’s complaint.

The first contention is that section 1S99 of the Code of 1923 requires all express contracts made by municipalities, except purchases for the ordinary needs of the municipality, to…