CITY OF DAMASCUS v. BIVENS

No. 86-222.

726 S.W.2d 677 (1987)

291 Ark. 600

CITY OF DAMASCUS et al., Appellants, v. Faren BIVENS d/b/a Bivens Construction Company, Appellee.

Supreme Court of Arkansas.

April 6, 1987.


Attorney(s) appearing for the Case

Phil Stratton, Conway, for appellants.

Brazil, Clawson & Adlong by William Clay Brazil, Conway, for appellee.


NEWBERN, Justice.

The issue presented in this appeal is whether a city which obtains physical improvements pursuant to an illegal contract may be held liable for the value of the improvements. We agree with the trial court's judgment that it may, and thus we affirm.

In his complaint, the appellee, Bivens, alleged that in July, 1985, he entered into a contract with the appellant City of Damascus, and the named mayor and city council members, whereby he would...

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