MITCHELL v. CITY OF PARSHALL

No. 7844.

108 N.W.2d 12 (1961)

C. H. MITCHELL, Frank Soderberg, Leland Patten, P. F. Debertin, Axel Olson, and Joe Waldock, on their own behalf and as residents and taxpayers of the City of Parshall, North Dakota, and on behalf of all other residents and taxpayers similarly situated, Plaintiffs and Respondents, v. CITY OF PARSHALL, a municipal corporation of the State of North Dakota; and Albert Spitzer, as Mayor of the City of Parshall; and William P. Martens, as City Auditor of the City of Parshall; and Larson and Teigen Construction Company, a foreign corporation, Defendants, and City of Parshall, a municipal corporation of the State of North Dakota, Defendant and Appellant.

Supreme Court of North Dakota.

March 9, 1961.


Attorney(s) appearing for the Case

Gerald W. Krengel, Parshall, for defendant and appellant.

Joseph J. Funke and Jonathan C. Eaton, Jr., Minot, for plaintiffs and respondents.


ROY K. REDETZKE, District Judge.

This is an appeal from the decision of the trial court granting the relief prayed for in the plaintiffs' complaint, wherein the plaintiffs sought to have a contract entered into between the City of Parshall, North Dakota, and the defendant Larson and Teigen Construction Company declared illegal and void. The contract was made and entered into by and between the parties on May 12, 1958, wherein the said defendant company agreed to furnish...

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