Grand Lodge of the Order of Sons of Herman v. City of Winner

This is an action for damages brought by the plaintiff, a fraternal organization, on an unpaid 6 per cent paving bond issued by the defendant city of Winner in 1922. Trial ■by jury was waived, and the case was heard upon a stipulation of facts. Judgment was rendered for the defendant city of Winner, and plaintiff has appealed.

The paving assessment was made in accordance with the statute, and the city of Winner issued bonds in .exactly the amount of the paving assessment. It appears that the last eighteen bonds of the series, including the appellant’s bond, could not be paid because of the…