Davis v. City of Des Moines
Supreme Court of Iowa
Appeal from Polle Circuit Court. The petition sets forth that the defendant is already indebted to the full constitutional limit; that the plaintiff is the owner of certain land fronting on one of the streets of the city, and that the city, by its officers, entered into a contract with one McCauley to construct a sewer in said street, and to pay him therefor by assessing the contract price thereof against the adjacent property; that the municipal authorities are about to…
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Appeal from Polle Circuit Court. The petition sets forth that the defendant is already indebted to the full constitutional limit; that the plaintiff is the owner of certain land fronting on one of the streets of the city, and that the city, by its officers, entered into a contract with one McCauley to construct a sewer in said street, and to pay him therefor by assessing the contract price thereof against the adjacent property; that the municipal authorities are about to make said assessment, and charge the same upon the lots, and proceed to collect the same of said owner. ' It is prayed that…
1Opinion of the CourtRothrock, J.
The question to be determined is, did the contract in question create an indebtedness against the city? A copy of said contract is exhibited with the answer. So far as the said contract purports to create an obligation against the city, it is as follows: “The said P. H. McCauley agrees and hereby undertakes to do and perform said work in accordance with the plans and specifications, at the following rate or price, to-wit: one dollar and seventy-four cents per lineal foot or square yard, which price shall cover the cost of the entire work. The said cost is, .under the law and ordinances of…
2Cited by22 opinions
- City of Laporte v. Gamewell Fire Alarm Telegraph Co.Indiana Supreme Court · 1896
- Richards v. City of MuscatineSupreme Court of Iowa · 1975
- Sisson v. Board of SupervisorsSupreme Court of Iowa · 1905
- Allen v. City of DavenportSupreme Court of Iowa · 1898
- Windsor v. City of Des MoinesSupreme Court of Iowa · 1900
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