Brumby v. City of Clearwater

The appeal in this case is from an order vacating a decree pro confesso theretofore entered against the City of Clearwater, a municipal corporation, on a bill of complaint which sought to require specific performance of the City of Clearwater of the provisions of a certain contract which contemplated the dredging of a channel to be used by the complainant in his private business.

It was quite proper for the court to vacate the decree pro •confesso because the bill of complaint on its face does not state a cause of action against the municipality. The allegations of the bill of complaint…