Fones Hardware Co. v. Erb
Supreme Court of Arkansas
APPEAL from Pulaski Chancery Court. David W. Carroll, Chancellor. Suit on behalf of the Fones Brothers Hardware Company ■to enjoin Jacob Erb, county judge of Pulaski county, and C. H. Whittemore and Theo. Hartman, bridge commissioners of said county, from executing a contract with the Missouri Valley Bridge Company for the construction. of a •county bridge across the Arkansas river at Little Rock.
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APPEAL from Pulaski Chancery Court. David W. Carroll, Chancellor. Suit on behalf of the Fones Brothers Hardware Company ■to enjoin Jacob Erb, county judge of Pulaski county, and C. H. Whittemore and Theo. Hartman, bridge commissioners of said county, from executing a contract with the Missouri Valley Bridge Company for the construction. of a •county bridge across the Arkansas river at Little Rock. The complaint alleges in substance that plaintiff, a corporation, is - a citizen, resident and tax-payer of Pulaski •county; that the county court of Pulaski county, while being held by the county…
1Opinion of the CourtHemingway, J.
This appeal presents for determination three questions: First—When a board of commissioners for building a bridge across a stream more than 400 feet wide have advertised for and received bids with competitive plans and specifications, can it adopt a plan and specifications thus received and accept the accompanying bid ? Second—Can such board make a contract for building a bridge before any appropriation therefor has been made, or when there is an unexpended appropriation “ for preliminary work, estimates, etc., toward securing such bridge?” Third—If such board is about to make such a…
2Cases cited5 opinions
- Attorney General ex rel. Cook v. City of DetroitMichigan Supreme Court · 1872
- People ex rel. Putnam v. Commissioners of Buffalo CountyNebraska Supreme Court · 1875
- City of Detroit v. HosmerMichigan Supreme Court · 1890
- Nash v. City of St. PaulSupreme Court of Minnesota · 1866
- People ex rel. Bullard v. Contracting BoardNew York Supreme Court · 1861
3Cited by53 opinions
- Mayor of Baltimore v. FlackCourt of Appeals of Maryland · 1906
- Wester v. BeloteSupreme Court of Florida · 1931
- Hannan v. Bd. of Educ. of City of LawtonSupreme Court of Oklahoma · 1909
- Packard v. HayesCourt of Appeals of Maryland · 1902
- Saunders v. City of Iowa CitySupreme Court of Iowa · 1907
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