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· 12/17/1918

Mutual Electric Co. v. Village of Pomeroy

Citations

  • 99 Ohio St. (N.S.) 75

Syllabus

<p>Statutory construction — Special provisions as exceptions to general provisions — Municipal corporations — Contracts with public utilities — Competitive bids not required, when — Section 4221, General Code, construed.</p> <p>1. In the construction of statutes, it is the duty of the court, where possible, to reconcile and give effect to every act of the general assembly, and to this end the special provisions of a section relating to a particular subject-matter, although apparently in conflict with the general provisions of another section, must, nevertheless, be read as an exception thereto.</p> <p>2, Section 4221, General Code, has no application whatever to a contract between a municipality and a public utility, where the council of a municipality has the power to fix and regulate the price to be charged by such public utility. This section applies only to contracts in relation to service, material, or supplies, where the bidders have the right to name the price for which they are willing to perform or to furnish the same.</p>

Judges: Donahue, Jones, Matthias, Newman, Nichols

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