Fuller v. Gardner

Per Curiam. —

November 25th, 1938, the City Commission of the City of Miami adopted Ordinance No. 2014, directing the City Manager to enter into contract with one or more attorneys at law to conduct certain special litigation for the City. The Ordinance carried an appropriation to effect its purpose. Four of the five City Commissioners voted for the ordinance but the complainant, who was the fifth member of the Commission, voted against it.

This suit was brought by R. C. Gardner, the appellee here, to restrain the City Manager from executing the contract and from paying over the $2,000…