Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1899-04-21

'IN Council for 4 new trial VA over
ri;'"f go .,l appeal taken therefrom and
free" i;e' Judgment to this court.
!. - also Shown b. STIMULATION HAT
/. cheney, he District Judge who ore
>l'tc'i at tAe trial of that action and rem
deied the Judgment therein. was an in
hasitart Of the City Of Reno and the
owner OF Il large quantity Of property
therein subject to taxation.
Whatever power or authority the CITY
Council OF the City Of Reno NAV have f.,
enter INTO the contract set up in he nell
t'"n viii be found in the provisions Of
inc Act incorporating that City.
Statutes 1897. p. 80.
Inc meeting of July I'd, 1898. was repu-
lar and the City Council under the nro-
VISIONS OF that Act WAS authorized to ac-
cept the bid of the REALTORS and to mako
Vaild ana binding contract respecting the
matters shown. Wa such contract made
OF Wa such action taken by the CITY
oouncli n the REALTORS at that meeting
standing alone, az would sind the Citv
Council and the REALTORS or create any
iiaolhtT under which the REALTORS csuld
claim any right Of action" Wethink NOT
me order OF the City Council SGT nm =,
inc petition. and admitted by the resnnp-
ueht'' was not such an acceptance of re
iators bid as would, independent of sub-
sequent action, create any liability OF any
right OF action whatever. The bid of ,a-
l~tofs Mas not unconditionally accepted
by the City CouncIl. 1t was accented
"aplect TO certain notifications sDecj6-
ca!ly set out III the or,ier itself No claim
er showing Is made either by the plead
ihgs or the evidence, that REALTORS con-
sented or agreed to or were willing to be
bound - the notifications made. hence
there was not and could not be any con-
Tract, or liability under this order. On
Tue contrary, it was shown by the evil
oehce OF Nr. Schaw, one of the REALTORS
"ctihg Tor all, Lat consent to the modif-
cations suggested was not given by the
until the matter was again con-
sidersd by the City Council and REALTORS
Ut the meeting OF July 7th, 1898.
1t Is also shown that the City Council
did not intend to bind itself or the Civ
the order OF July End, or give to the
rsiat"rs Immediate and unconditional
rights OF any kind under their bid, aud
the acceptance thereof, ~ the order ex-
pressly limits the time for entering into !
Inc contract with the REALTORS for the con-
OF the system Of water works
% such time a. the City Council was free
md unrestrained 80 to do. At the time
his order was made an action was pend
+nS IN . court of competent jurisdiction
20 restrain the City Council from accent.
ng the REALTORS bid and on the day i'm
nedtately preceding the one or which
lie order was made, the City Council
lad, upon a showing made in that action
~ 1t, to he effect that it would not sc-
the bid Of the ~relators except i'm 4
nooihed form, entered into a binding
tlpulation with the plaintiff in the action
lou 10 enter into or execute anv contract
n such BID As modified or otherwise.
lhtIl aflerlt had served a copy of such
'r"poN"d "ontra"t upon the plaintiff,
hat the plaintiff should have tive davs
tter such service to institute Drocoad-
1gs /" re~tIair ri.r execution of such
''"11c'. ana ihe. liter IhG commence
1eht 81 such prv"r" t!a.~ the CITY Conn
II would n0t ak any PROCEEDINGS in
'e matter "'." '"uld change the
iail'> "i ID" i:s..~ Il the parties 10 tbr
'ti"h ~feNrtf'n- w." contract and the
NFrution tA-lr ".:!I the decision .r
he actI"n. THIS Stipulation was nude II, .
pen c"i.rt and entered A. All order there
f. ltls therefor" r.. AZ that The order Of
he Council Of Ju.y md j. based anon
uN action, and til. stipulation OF the
"un"lI made therein. and thai it did not
t. create any liability OF rights
III" orie' nutIj Such restraint WIS
moved.
Al lhe meeting of July eth, 1895. the
'ty Council adopted III order ~approvihr
It. proposed contract containing the {
odthcation suggested in the order of I
Fad, which notifications are shown /
nave been for the first time consented t
by tho REALTORS. Without further r-- {
or conditions this order mirht {
ave created such rights as would entitle !
's relat"r to the relief sought, but the l
-ieF shows that 1t was not without con-
tt~i MAS not absolute, and was not in ,
!r!eG 10 be absolute aud final by the +
ity Council By express term. the exc 8
ltlon OF the contrac. is agreed upon to $
performed AS so0u as the City Coun- +
IL III law free so to do" The Civ @
,uncIl must have had in view the effect .
its stipulation in the action above re- 4
rred to when it adopted this resolution. o
ithln the five days fixed by The st!pu- 4
ton the plaintiff fled ill said action an II
nended complaint setting up the same II
Htract which the REALTORS seek to have !,
,ecuted by this action. i trial WA had d
the action and the judgment act out in tt
e answer herein was rendered and en- a
red. 1t will therefore be seen that the r,
ton Of the City Council by resolution ..
opted in regular manner upon which n
lators rely and which is the ONLY evil n
nee of any c~nniractual liability uDon n
e part Of the city, and to which the re- ,;
,ors must have assented it thew can i,
a1In any right of action ther.undsr -,