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INCORPORATED CITY OF HUMBOLDT v. KNIGHT

No. 50919.

120 N.W.2d 457 (1963)

The INCORPORATED CITY OF HUMBOLDT, Iowa; and the Board of Trustees of the Humboldt Municipal Waterworks, and Oscar Holden and G. P. Ruse, as Members of the Board of Trustees of the Humboldt Municipal Waterworks, Appellants, v. Guy KNIGHT and Gladys Knight, Appellees.

Supreme Court of Iowa.

Rehearing Denied May 7, 1963.

Attorney(s) appearing for the Case

John E. Miller, Humboldt, for appellants.

Linnan, Lynch & Straub, Algona, and B. C. Berge, Garner, for appellees.

LARSON, Justice.

This is an action for declaratory judgment brought by the City of Humboldt asking that the court declare a certain written agreement, duly executed and recorded in Humboldt County, between one John Johnston and the Town of Humboldt, set forth as Exhibit A, null, void, and unenforceable. Its principal contention is that the contract entered into July 5, 1904, was an ultra vires act on the part of the town and therefore void. The trial court rejected...

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