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  5. 756 S.W.2d 236 (1988)
 

CITY OF LEBANON v. BAIRD

756 S.W.2d 236 (1988)

CITY OF LEBANON, Tennessee, Plaintiff-Appellant, v. Edward B. BAIRD, Defendant-Appellee. Edward B. BAIRD, Counter-Plaintiff-Appellant, v. CITY OF LEBANON, Tennessee, Counter-Defendant-Appellee.

Supreme Court of Tennessee, at Nashville.

August 15, 1988.

Attorney(s) appearing for the Case

R. David Allen, Allison B. Humphreys, Lebanon, for City of Lebanon.

James H. Kinnard, Lebanon, Robert H. Jennings, Jr., Nashville, for Edward B. Baird.

OPINION

DROWOTA, Justice.

Rule 11, T.R.A.P., Applications for Permission to Appeal were granted in this case to determine whether a contract entered into between Plaintiff, the City of Lebanon, and Defendant, Edward B. Baird, was ultra vires because it was not authorized by ordinance, as required by the Charter of the City of Lebanon. If not ultra vires, the issue becomes whether the City of Lebanon acted in good faith and with due diligence...

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