Johns v. City of Pendleton
Oregon Supreme Court
From Umatilla: Gilbert "W. Phelfs, Judge. Statement by Mr. Chief Justice McBride. This is a suit by James Johns against the City of Pendleton to quiet title. It originated in a dispute as to the validity of an assessment made and a lien claimed by tbe defendant against two lots owned by plaintiff in order to pay for work done by tbe Warren Construction Company in paving a portion of Jackson Street with wbat is called ‘ ‘ Gravel Bitulitbic ’ ’ pavement.
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From Umatilla: Gilbert "W. Phelfs, Judge. Statement by Mr. Chief Justice McBride. This is a suit by James Johns against the City of Pendleton to quiet title. It originated in a dispute as to the validity of an assessment made and a lien claimed by tbe defendant against two lots owned by plaintiff in order to pay for work done by tbe Warren Construction Company in paving a portion of Jackson Street with wbat is called ‘ ‘ Gravel Bitulitbic ’ ’ pavement. Tbe pavement is composed of a patented compound, manufactured by tbe use of special macbinery, parts of wbicb are also patented, and tbe use…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1. The principal, contention here urged is that the selection of a patented paving compound manufactured by a single company, and exclusively controlled by it, rendered it impossible for any but a single corporation to bid, and that it is therefore inimical to that provision of the city charter of Pendleton which requires all paving contracts to be let to the lowest responsible bidder. The industry of the respective counsel has apparently covered the entire field of judicial utterance upon this question, and has brought to our notice a mass of hopelessly…
2Cases cited12 opinions
- Baird v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Mayor of Baltimore v. FlackCourt of Appeals of Maryland · 1906
- Matter of Petition of Anthony DugroNew York Court of Appeals · 1872
- Dean v. CharltonWisconsin Supreme Court · 1869
- Hobart v. City of DetroitMichigan Supreme Court · 1868
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3Cited by20 opinions
- Burns v. City of NashvilleTennessee Supreme Court · 1919
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- Litchfield v. City of BridgeportSupreme Court of Connecticut · 1925
- Sanborn v. City of BoulderSupreme Court of Colorado · 1923
- Braun, Bryant & Austin v. McGuireCalifornia Supreme Court · 1927
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