McCrary Co. v. City of Glennville
Supreme Court of Georgia
Equitable petition. Before Judge Sheppard. Tattnall superior court. July 1, 1918. The petition alleges that in 1913 the City of Glennville desired to procure a system of electric lights and waterworks. It contracted with the J. B. McCrary Company to construct the same. The contract provided that title to the system should be retained by the McCrary Co. until it was fully paid for.
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Equitable petition. Before Judge Sheppard. Tattnall superior court. July 1, 1918. The petition alleges that in 1913 the City of Glennville desired to procure a system of electric lights and waterworks. It contracted with the J. B. McCrary Company to construct the same. The contract provided that title to the system should be retained by the McCrary Co. until it was fully paid for. One Dec. 3, 1914, tbe city found it impracticable, or legally impossible, to make the payments required of it under the original contract. The McCrary Co. was unwilling to complete and deliver the system without…
1Opinion of the CourtGilbert, J.
1. Where a contractor enters into a contract with a municipal corporation for the construction and equipment of a light and water plant under a written agreement whereby some of the contract price is to be paid in instalments through a series of years after the contract is completed, the effect of such contract is to create a debt within the meaning of article 7,' section 7, paragraph 1, of the constitution of this State (Civil Code, § 6563), which limits the power of municipalities to contract debt, and is prohibited by that provision of the constitution. Renfroe v. Atlanta, 140 Ga. 81 (78…
2Cases cited13 opinions
- Chapman v. County of DouglasSupreme Court of the United States · 1883
- Butts County v. Jackson Banking Co.Supreme Court of Georgia · 1908
- Hays v. Jordan & Co.Supreme Court of Georgia · 1890
- Garrison v. PerkinsSupreme Court of Georgia · 1912
- Watkins v. NugenSupreme Court of Georgia · 1903
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- City of Jeffersonville v. Cotton States Belting & Supply Co.Court of Appeals of Georgia · 1923
- Byars v. City of GriffinSupreme Court of Georgia · 1929
- Board of Lights & Waterworks v. NillerSupreme Court of Georgia · 1923
- City of Eastman v. Georgia Power Co.Court of Appeals of Georgia · 1943
- Dobbs v. BrumbySupreme Court of Georgia · 1920
4 more not listed; retrieve them via the Exa API.