Columbia Ins. Co. v. Board of Education, Etc.

On Motion for Rehearing.

Due to the importance of the question I desire to point out the respects in which 1 believe the majority to have erred.

First, however, let us observe the following : It is now to the advantage of every municipality in this state to violate section 26 of article 10 of the Constitution. If they are sued on contracts which are in violation thereof, they may correctly defend by reason of said illegality, while if they choose to take the opposite role, that of plaintiff, and sue on said contracts, they may admit their failure to perform their part thereof, and that they…