American-La France & Foamite Corp. v. City of Phoenix

This is an appeal by American-La Prance and Poamite Corporation (Pacific), hereinafter called plaintiff, from a judgment in favor of the city of Phoenix, a municipal corporation, hereinafter called defendant. The case was tried to the court sitting without a jury upon the pleadings and an agreed statement of facts. These facts, so far as they are material for a decision in this case, may be stated as follows;

The defendant is a so-called “home rule” city, having adopted a charter under the provisions of article 13, section 2, of the Constitution. During the spring of 1933, its proper officers…