City of Mena v. Tomlinson Bros.
Supreme Court of Arkansas
Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. Tomlinson Brothers, a partnership, brought suit against the City of Mena for $1,200, alleged to he due from the city for furnishing 150 lights at $1.60 each, for the months of April, May, June, July and August, 1913, under its 'contract with the city, made on February 28, 1913. It was .alleged that the contract stipulated that if the city did not within thirty days .from the passage and…
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Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. Tomlinson Brothers, a partnership, brought suit against the City of Mena for $1,200, alleged to he due from the city for furnishing 150 lights at $1.60 each, for the months of April, May, June, July and August, 1913, under its 'contract with the city, made on February 28, 1913. It was .alleged that the contract stipulated that if the city did not within thirty days .from the passage and publication of the ordinance, designate the location of the lights, the same could be located by Tomlinson Brothers. That…
1Opinion of the Court
Kirby, J.,
(after stating the facts). Appellant contends that the contract of Tomlinson Brothers, with the city, is void, for the reason that it was not made by the ■board of public affairs of the city, and that the ordinance prescribing its terms was not passed by the city council at a legal meeting, land in the manner required by law.
The board of public affairs of a city of the first-class is given exclusive power to make certain purchases for the city and required* where the 'amount of the expenditure involved exceeds $300, to transmit an estimate thereof to the council, with a…
2Cases cited3 opinions
- State ex rel. Parker v. SmithSupreme Court of Minnesota · 1875
- Lackey v. Fayetteville Water Co.Supreme Court of Arkansas · 1906
- Lord v. City of AnokaSupreme Court of Minnesota · 1886
3Cited by9 opinions
- Adams v. SimsSupreme Court of Arkansas · 1964
- Natural Gas & Fuel Corp. v. Norphlet Gas & Water Co.Supreme Court of Arkansas · 1927
- Carpenter v. City of ParagouldSupreme Court of Arkansas · 1939
- Harrison v. CampbellSupreme Court of Arkansas · 1923
- El Dorado v. CoatsSupreme Court of Arkansas · 1927
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