Grand Island Gas Co. v. West
Nebraska Supreme Court
Appeal from the district court for Hall county. Heard below before Harrison, J. Appellee was a competing bidder for the contract, with full knowledge of the alleged disability of its successful competitor. It was guilty of gross laches in failing to assert its rights as a taxpayer in time, and is now estopped to do so. (Clark v. Dayton, 6 Neb., 192; Follmerv.
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Appeal from the district court for Hall county. Heard below before Harrison, J. Appellee was a competing bidder for the contract, with full knowledge of the alleged disability of its successful competitor. It was guilty of gross laches in failing to assert its rights as a taxpayer in time, and is now estopped to do so. (Clark v. Dayton, 6 Neb., 192; Follmerv. Nuoholls County, Id., 204; Brown v, Merrioh County, 18 Id., 355; Task v. Adams, 10 Cush. [Mass.], 252; Chamberlain v. Lyndeborough, 23 Am. & Eng. Corp. Cas., 609.) The Light & Fuel Co. would be entitled to compensation for services…
1Opinion of the Court
Norvai,, J.
On the 22d day of May, 1888, one of the defendants, the Grand Island Light & Fuel Company, entéred into a written contract with the city of Grand Island to furnish the city electric light for an agreed price per month, for the period of one year, with the privilege of two years at the option of the city. The Light & Fuel Company furnished light under the contract during the months of July, August, September, October, and November of that year, and presented bills to the city council therefor, and the same were duly audited and allowed. The plaintiff, as a taxpayer, brought an…
2Cases cited9 opinions
- Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
- Wardell v. Railroad Co.Supreme Court of the United States · 1881
- People ex rel. Plugger v. Township Board of OverysselMichigan Supreme Court · 1863
- Smith v. . City of AlbanyNew York Court of Appeals · 1875
- Mayor of Macon v. HuffSupreme Court of Georgia · 1878
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3Cited by33 opinions
- First National Bank v. Village of GoodhueSupreme Court of Minnesota · 1913
- Contra Costa Water Co. v. BreedCalifornia Supreme Court · 1903
- Bay v. DavidsonSupreme Court of Iowa · 1907
- Rogers v. City of OmahaNebraska Supreme Court · 1906
- Neisius v. HenryNebraska Supreme Court · 1942
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