Feland v. City of Phoenix

DARNELL, Superior Judge.

This is an appeal from a judgment taken on demurrer. A demurrer to plaintiffs’ second amended complaint having been sustained by the court on December 4, 1922, and plaintiffs having elected to stand on such complaint, judgment was rendered against them on December 18, 1922. From that judgment plaintiffs appeal.

The appellants sought to enjoin the performance of a certain contract for the improvement of a portion of First Street, in the city ,of Phoenix, on two grounds: First, that the contract for said improvement was void because it was entered into prematurely; and,…