L. & M. PROPERTIES CO., INC. v. BURKE

Nos. 31739 and 31740.

152 Ohio St. 28 (1949)

THE L. & M. PROPERTIES CO., INC., A TAXPAYER, APPELLANT, v. BURKE, MAYOR, ET AL., APPELLEES. (Two cases.)

Supreme Court of Ohio.

Decided June 22, 1949.


Attorney(s) appearing for the Case

Messrs. Miller & Hornbeck, Mr. Joseph M. Murphy and Mr. Robert Dow Hamilton, for appellant.

Mr. Lee C. Howley, director of law, Mr. Robert J. Selzer and Messrs. Green, Woods, Lausche & Wilmot, for appellees.


MATTHIAS, J.

The question presented to this court involves the interpretation of Section 167 of the Charter of the City of Cleveland, and also Section 238 of the Municipal Code of Cleveland, which latter provides that "no contract shall be awarded without the approval of the board of control, and then only to the lowest responsible bidder."

The records in these cases disclose that the parties entered into certain stipulations of fact which are applicable to...

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