Noxubee County Hardware Co. v. City of Macon

Citations

• 90 Miss. 636
• 43 So. 304

Syllabus

<p>1. Constitutional Law. Constitution 1890, sec. 109. Equity. Injunctions.' Persons in pari delicto. Municipalities. Contracts. Officers. Purchase of supplies.</p> <p>Under Constitution of 1890, sec. 109, providing, among other things, that no officer shall he interested in a municipal contract authorized by any board of which he is a member:—</p> <p>(а) A contract by a municipality with one of its aldermen, although ratified by the municipal board, is prohibited, and</p> <p>(б) An injunction against purchases by a municipality in violation of the section will not be denied because complainant, or if a corporation one of its officers, while himself an alderman, had made .like sales; and</p> <p>(c) The interest of the public, in such case, is to be considered and the principle that the law will leave persons in pari delicto where found does not apply.</p> <p>2. Code 1906, § 3446.</p> <p>Code 1906, § 3446, touching the subject of municipal contracts, is not retroactive.</p>