Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1899-04-23

OPINION
B> Massey, J.
OH" t% application for Writ of Man
late ~' '~"manding the respondents to ex,
cute 81 vtaju contract fey tho c5ustruc
ION "t g system Vi water works, and tc
omp". ine President of said Council and
net. u SAID City to execute said CON
ract, '' /" .oInpoi said City Council &c
xccu'. md ~!eliver to the REALTORS certain
bonds Of said City pursuant to said con
ract,
III" !" alton among other matters, re-
cites tt''C on the 18th day of Septemher,
1897, Tia" City Council Of The City Of Reno,
calico ~ resolution all election to be held
N the 'ity of Reno on the eth dsv of
october, 1927, for the purpose Of submit
ling to the electors Of said City = propo-
-ition t. issue the bonds of said CITY in
the anjnlnt Of S13ODoO 90 for tho purposa
Of pr Lifting water and the erection Of
water "rks for the City; that all neces-
sary steps were taken for holding the
election pursuant to said order by the
siv:1se a due notice thereof, detininp the
polling plsces, which notice was pub
ilshed "S required by law: that in accord
'ance herewith the election was held at
the tinaH and IN the manner required: that
on the 18th day of April, 1891, a canvass
81 the votes cast at said election was made
by the CITY Council from which it WAS
found that a majority of the votes cast
were ~ favor of said proposition: that
on TIE nth day of May, 1925, in pursuance
OF said election and in conformity with
law, the City Council published a notice
to the affect that bids would be received
until June 18th, 1893, for the purchase of
pondS, and also written proposals with
plans and specifications to construct a
water system for the City of Reno. to be
paid Tor with the bonds Of said CITY.
which bids or proposals should be sealed
ana addressed to the proper officer; that
In answer to said notice the REALTORS on or
about the 18th day Of June, !>aS, submit
ted to the City Council written proposals
with plans and Specitirati0nSto construct
q water system, for the City to he paid for
with the bonds of the Citv in conformity
with the notice: that at a mGt ting of the
City Council held on IL" - :'ay Of July
1898. t5.e Council passed "a rc-olutiu1 &c
cepting The bid e thc rti tors &, coli.
strucs d water ev>t.n To- sid City sab.
icct 'a certain mrGii<ati",.~, vhich rc>o-
luton was in the words &nt figures :ul-
lowing. tu-wit: "KeSOIvc6. That it i the
ser~n ,ud inogr,u ut Of this t'lty Couacil
tha, lae bid Ct Nes.}s.- ", Iu2raIn,
Batrher and N,mplnr t. Construct d
water system for the city o.. Reno from
Bar "B' on the Truckee River composed
Of the material mentioned in said bid and
OF ronveys patent lock Joints, be ac-
ceptpei. and i contract entered into with
the SAID bidder for such obstruction as
soon as She City rUuncjI is IN law free
and unrestraiued 50 10 do, sulject to the
following notifications 4 X. That
Messrs. Torreysou 4 Sutumerfeid be and
they ere hereby directed III connection
with the Committee Of water, fire and
lights to draft aud submit to this Council
al a special meeting to lee held at s O'Clock
p. III. Oh Tuesday evening, July 5tb, 1898,
a proposed contract e~mbodying the terms
of the foregoing resolution That at a
meeting of said Council held on the It'll
day OF July, 1898, the said Council
adopted the following resolution, to-wit:
Resolved, That the proposed contract
with Schaw, Ingram and hatcher and
Company for the construction OF a water
system for the City Of Reno, Nevada, =
. + 4 4 * submitted to aud read in the
presence of his City Council, be and the
same are hereby approved and their exc
cution is hereby agreed upon to be per-
formed as soon as the City Council is in
la free SO to do"
A copy of the approved contract was
fully sot out in the petition. By the terms
of the agreement, in part, it is provided
that the REALTORS should be paid for their
work in bonds of the City of Reno, bear
ing interest, as follows: $1,000 90, or the
nearest approximate amount thereto, al
the time of the execution of the agree
ment; 80, OOO,O OO at the time of the deiit-
cry of all of the material for the waite,
system at Reno, Nevada. the residue III
installments of different amounts at sui
sequeut dates. The REALTORS, By the terms
o. the agreement, were required at tfe
time OF its execution to make and deliver
to the City Council n yoo.d and suffici'.It
bond III tue sum OF $1,000 90 conditiuf}Hi
for the faithful performance of the r.ii-
CATIONS imposed upon item by agrt"-
ment, The other siipulations of t,r
agreement are not msterlai to the deter
%niination of the questions to be deri,lc,i
in this action, and are therefore om;t.ri.
There is also III averment that the ,r..l-
tors, at the time, agreed 20 all the terii~
of the proposed contract, and are wiI.in.