Furst v. Phoenix-Tempe Stone Co.

This is an appeal by defendants from a judgment on the pleadings. The facts as they appear in the complaint and answer will be stated in the course of the opinion. The plaintiff, Phoenix-Tempe Stone Company, it appears, was awarded the contract to do some paving on Polk Street in the city of Phoenix. It is not questioned but that the proceedings leading up to the award were legal and in all respects in conformity to the street improvement act (section 511 et seq., Rev. Code 1928). Under section 520 of said act it is provided that notice of the award shall he given by publication, and if no…