Hansard v. Green

Citations

• 54 Wash. 161
• 103 P. 40
• 1909 Wash. LEXIS 963

Syllabus

<p>Municipal Corporations — Contracts—Creating Indebtedness— Issuance of Bonds in Payment of Unauthorized Contract. Under Bal. Code, § 1077, requiring a town to sell bonds issued for the purpose of purchasing water works, as deemed for the best interests of the town, the town has no authority to issue bonds and deliver them to bankers who advanced the money to purchase the water works at the special instance and request of the town.</p> <p>Same — Acquisition of Water Works — Submission to Vote — Ordinance — Requisites. An ordinance submitting to a vote of the people a proposed acquisition of water works by a town, is insufficient in that it fails to submit the “system or plan” proposed, as required by statute, where it merely recites the advisability of the purchase and the issuance of bonds to pay for the same, without setting out the matters proper to be considered respecting the time the bonds are to run, rate of interest, etc., including a method for the payment of the bonds.</p> <p>Same — Actions—Pleading—Intervention—Parties Entitled. In an action against a town to enjoin the issuance of bonds in payment of a contract made by the town without authority of law, in which the town defaults, the contractors cannot be allowed to intervene and obtain the benefit of performance of the contract.</p>