City of Pella v. Fowler

— This action was disposed of in the court below upon a demurrer to the petition. Appellant’s cause of action was pleaded in three counts. Count one is based upon an express con tract. Count two is based upon an alleged implied contract to pay the fair and reasonable value of the use of the streets and public places of appellant city for the telephone exchange; while count three is based upon section five of the franchise ordinance, which appellant interprets as in the nature of a regulatory ordinance requiring the payment of a tax, license fee or compensation for the use of the streets and…