Carey-Reed Co. v. Sisco

Opinion of the Court by

Hobson, Commissioner

Affirming in part and reversing in part.

Marion is a city of the fourth class. Its city council on June 27, 1928, passed an ordinance for the construction of a system of sanitary sewers in the city on the ten-year plan. The contract for the work was made with the Carey-Reed Company, who built the sewers. The work was accepted by the council, which apportioned the cost to the different property owners. Appellees refused to pay, and on Augut 26, 1930, the contractors brought suit No. 1 against appellees and the city to enforce the assessment against…