Bear Creek Fertilizer Co. v. Mayor of Baltimore

Citations

• 87 Md. 84
• 39 A. 530
• 1898 Md. LEXIS 115

Syllabus

<p>Municipal Corporations—Contract for Removal of Night Soil— Renewal.</p> <p>An ordinance of the Mayor and City Council of Baltimore directed the Mayor and other officials to make a contract with a designated party for the removal of night-soil upon certain terms. The ordinance provided that the contract should be “for the term of two years with the privilege of renewal.” The contractors were required to give bond and power was reserved to revoke the contract if not performed to the satisfaction of the Health Department. After the contract was made it was assigned to the plaintiff with the assent of the municipality. The contract was renewed several times and fully performed on the part of the plaintiff, when the Mayor refused to renew it again for another period of two years. Held, that so long as the ordinance .remained unrepealed by the City Council the plaintiff was entitled to have the contract renewed.</p>