Price v. City of Fargo
North Dakota Supreme Court
. Appeal from the District Court for Cass county; Pollock, J. Action to enjoin the city of Fargo and the city officials of said city from carrying out a contract for the erection of a water filtration plant for said city, on the ground of the illegality of said contract. Writ denied. The plaintiff has appealed from a judgment of the district court of Cass county, refusing to grant him injunctional relief, and asks for a trial de novo in this court.
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. Appeal from the District Court for Cass county; Pollock, J. Action to enjoin the city of Fargo and the city officials of said city from carrying out a contract for the erection of a water filtration plant for said city, on the ground of the illegality of said contract. Writ denied. The plaintiff has appealed from a judgment of the district court of Cass county, refusing to grant him injunctional relief, and asks for a trial de novo in this court. He sues as a taxpayer, and the prayer of his complaint is as follows: “That the defendant city of Fargo, the defendant Y. It. Lovell, mayor of…
1Opinion of the CourtBeuce, J.
(after stating the facts as above). It is well established that, in the absence of charter or-statutory requirement, municipal contracts need not he let under competitive bidding. In such cases the corporate authorities are only required to act in good faith and to the best interests of the municipality. McQuillin, Mun. Corp. § 1186, p. 2634; Elliott v. Minneapolis, 59 Minn. 111, 60 N. W. 1081; Middle Valley Trap Rock & Min. Co. v. Morris County, 70 N. J. L. 625, 57 Atl. 258, affirmed in 71 N. 7. L. 333, 60 Atl. 358; Yarnold v. Lawrence, 15 Kan. 126; Augusta v. McKibben, 22 Ky. L. Rep. 1224,…
2Cases cited7 opinions
- Fitzgerald v. WalkerSupreme Court of Arkansas · 1891
- Yarnold v. City of LawrenceSupreme Court of Kansas · 1875
- Dillingham v. City CouncilSupreme Court of South Carolina · 1907
- Elliot v. Minneapolis CitySupreme Court of Minnesota · 1894
- State v. Board of Township CommitteeSupreme Court of New Jersey · 1895
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3Cited by6 opinions
- Kvello v. City of LisbonNorth Dakota Supreme Court · 1917
- Lee v. City of AmesSupreme Court of Iowa · 1925
- Braaten v. OlsonNorth Dakota Supreme Court · 1914
- Bismarck Tribune Co. v. JohnsonNorth Dakota Supreme Court · 1922
- O'Dowd v. Waters, MayorSupreme Court of South Carolina · 1924
1 more not listed; retrieve them via the Exa API.