Fiske v. School District
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Hall, J. Defendant’s power to contract is .not made to depend upon the fact of there being money in the treasury at the time sufficient to-liquidate the indebtedness so incurred. (Police Jury v. Britton, 15 Wall. [U. S.] 566; Brenham v. Banlc, 12 Sup. Ot. Rep. 559; Claiborne County v. Broolcs, 4 Sup. Ot.
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Error from the district court of Lancaster county. Tried below before Hall, J. Defendant’s power to contract is .not made to depend upon the fact of there being money in the treasury at the time sufficient to-liquidate the indebtedness so incurred. (Police Jury v. Britton, 15 Wall. [U. S.] 566; Brenham v. Banlc, 12 Sup. Ot. Rep. 559; Claiborne County v. Broolcs, 4 Sup. Ot. Rep. 489; Merrill v. Town of Monticello, 138 U. S. 673; Hill v. City of Memphis, 134 U. S. 198; Allen v. Intendant, 89 Ala. 641; Falout v. GÜy' of Indianapolis, 1 N. E. Rep. [Ind.] 392.) The architect’s services in the…
1Opinion of the Court
Irvine, O.
Fiske, an architect, brought this suit against the school district of the city of Lincoln to recover for services in the preparation of certain plans, drawings, and specifications for school buildings. The petition alleged a contract for plans and specifications for three ward buildings and a high school building. It appears from the petition that Fiske had received his pay for his work in connection with the three ward buildings, and the contro*165versy relates only to the plans and specifications for the high school building. A general demurrer to the petition was sustained and the…
2Cases cited2 opinions
- Smith v. DickeyTexas Supreme Court · 1889
- Von Dorn v. MengedohtNebraska Supreme Court · 1894
3Cited by9 opinions
- Walker v. Lytton Savings & Loan Ass'nCalifornia Supreme Court · 1970
- Henry & Coatsworth Co. v. HalterNebraska Supreme Court · 1899
- Banks v. BD. OF ED. OF CHASE CTY. HIGH SCH.Nebraska Supreme Court · 1979
- McDonald v. FiliceCalifornia Court of Appeal · 1967
- Design Associates, Inc. v. WelchCalifornia Court of Appeal · 1964
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