City of St. Paul v. Dual Parking Meter Co.

1. I agree that a contractor is not entitled to retain money paid to him for performance of a contract let to him illegally in violation of charter provision requiring that bids be advertised for and that the contract be let to the lowest bidder, where the contractor did not act in “good faith.” But I think, for the reasons stated in my dissent in Kotschevar v. Township of North Fork, 229 Minn. 234, 39 N. W. (2d) 107, that the contractor is not entitled to recover at all in such cases, regardless of whether he acted in “good faith.”

2. In addition, I dissent upon the further and separate…