City of Wichita Falls v. Skeen
| Decision Date | 30 April 1898 |
| Parties | CITY OF WICHITA FALLS v. SKEEN et al. |
| Court | Texas Court of Appeals |
Appeal from Wichita county court; R. Cobb, Special Judge.
Action by Skeen & Smith against the city of Wichita Falls. Judgment for plaintiffs, and defendant appeals. Reversed.
Chas. C. Huff, J. H. Barwise, Jr., and Robt. E. Huff, for appellant. J. J. Ofiel, L. H. Mathis, and Carrigan & Montgomery, for appellees.
Reasons for Reversal.
Appellees, publishers of the Wichita Times, a weekly newspaper published in Wichita Falls, recovered judgment against appellant in the sum of $235, besides interest and costs, for publishing during the year 1896 the delinquent tax list of Wichita Falls for the preceding year. They declared upon a contract with the city council of Wichita Falls, which fixed the price for the publication at 25 cents for each tract or lot of land contained in the delinquent list so published; the petition alleging, among other things, "that said contract was entered into after bids for such publication had been advertised for and received by defendant, and defendant made said contract with plaintiffs because, among other considerations, plaintiffs' bid for said work, of 25 cents per tract, was as low as the bid of any other newspaper publisher bidding," etc. Two special defenses were interposed to the action,— one, an unlawful combination entered into by appellees and the other newspaper publishers of Wichita Falls, in pursuance of which all the bids had been made at the maximum price of 25 cents per tract; the other, that no provision was made for paying this debt at the time of its creation. In support of the former the following testimony was introduced: ...
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State v. La Fera
...v. Strauch, 240 Ill. 60, 88 N.E. 155 (Sup.Ct.1909); Atcheson v. Mallon, 43 N.Y. 147 (Ct.App.1870); City of Wichita Falls v. Skeen, 18 Tex.Civ.App. 632, 45 S.W. 1037 (Civ.App.1898); Kimball Elevator Co. v. Elevator Supplies Co., 2 Utah 2d 289, 272 P.2d 583 (Sup.Ct.1954); see Gulick v. Ward, ......
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...27 Tex. Civ. App. 570, 66 S. W. 586; Houston Ice & Brewing Co. v. Sneed, 63 Tex. Civ. App. 17, 132 S. W. 386; City of Wichita Falls v. Skeen, 18 Tex. Civ. App. 632, 45 S. W. 1037; City National Bank v. Corpus Christi (Tex. Civ. App.) 233 S. W. 375; Hall v. Bank (Tex. Civ App.) 255 S. W. 506......
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Boesen v. County of Potter
...the case, from which this appeal is prosecuted. The very question presented here was decided in the case of Wichita Falls v. Skeen, 18 Tex. Civ. App. 632, 45 S. W. 1037, in favor of appellant's contention. Stephens, J., without discussing the matter at length, "With reference to the second ......
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State ex rel. Barnes v. Tauer, 27622.
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