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

suos, and the judgment rendered as set
'"t III the answer ana return Of the e
~sp"ndents herein. Thu motion of tbn
''y f"''uril for a new trial Waa over
f''"'' .'!rt IN appeal taken therefrom and
!r"., Ill" j'ir41n"t to 1hl~ cour;.
!. lis ","2 SHOWN by stipulation ii,lt 4.
f.. hehey, the District Judge who pvc-
SI"e1 at the trial of that action anu rem
aeled the Judgment therein. was an in
haHitant of the City Of Reno and fine
owner Of = large quantity of property
therein subject to taxation.
Whatever power or authority tho Civ
Council ct tho City Of Reno may have tn
enter into the contract set up in the peli-
ton will be found iii the provisions of
the Act Incorporating that City.
Statutes 1891, p. 80.
The meeting of July %, 1898. WAS tar,t.
lar. and the City Council under the ,,ro-
visions Of that Act was authorized 70 a.
cept the bid of the r~elators and to make a
valid and binding contract respecting the
matters shown. Was such contract made
or was such action taken Ivy the City
Ioullcil and the ~relator, at that meeting,
standing alone, a. would bind the CITY
Council and the REALTORS or create a;.v
LIABILITY under whi:h the REALTORS could
claim an ris!.t %: action Wethink not,
ihe order of the City Council! set up in
Tie petition, aau admitted by the respon-
dents, was not such an accept 4lice OF re
iators' bid as would, independeut OF suL-
sequert action, create any liability or any
right OF action Whatever. The bid of re-
iators WAS not unconditionallv accepted
ny the city Council. It was accepted
subject t" certain notifications snecif-
caily set out IN the order itself No claim
or showing is made either by the plead
lngs or he evidence, that REALTORS con-
Sehted or agreed 10 or were willing TO be
bound by the notifications made, hence
there WIS not and could not be any con-
tract, or liability under this order. On
The contrary, it vas shown by the evil
dence of Mr.. Schaw, one Of the REALTORS
acting for all, that consent to the modid-
cations suggested was not given by The
relaters until the matter was again co.,
sldered by the City Council ana r~elasors
at the meeting Of July Eth, 1893.
1t is also shown that the City Council
did not intend to bind itself or the Citv
by the order of July End, or give to the
REALTORS immediate and unconditional
rights OF m kind under their Did, and
the acceptance thereof, a. the order OK |
pfessly Limits the time for entering into |
the contract with the REALTORS for the con-
strnetion of the system of water works
10 such time As the City Council wa. fres |
and unrestrained so to do. At the time |
this order was made an action Was pend,
ing IN > u of eompesen, jurisdiction
to restrain the City Council from accept
the REALTORS bid and on the day i'm |
medtately preceding the one on which
the order was made, the City Council
had upon a showing made in that action
oy IT, to the effect that it would not ac-
cept the bid of the REALTORS except In a
form, entered into a binding
stipulation with the plaintiff in the action
to enter into or execute any contract
on such bid a> mudjsied or otherwise.
until alter 1t hat served i copy OF such
proposed contrao; ;.pun the plaintiff.
That the plaintiff ahuuld have five DAYS
after sHrh service to institute proceed
~ restrain the execution OF such
contract, ANA III. after the commence
nIent II sGch proceedings the CITY Conn
eli ""uid NOT ike my pro eedings in
matter Nu."!t would change the
siltnN ~ The .iE.t.- a the parties to the
action resp tt"- "a. contract and the
execution th"!.': :.,g,i the atc.Slo. Of
the action. IA4s >tyuiatiuu Was made in
court and entered As al order there
or. 1t IS therefore clear that the order Of
1he C0Inctl vi jay 2rd d. based upnu
this action, and the stipulation of the
ma iC ,hrrc.u. AMI that il did not
intend to rrrat" mmE liability or rights
the Ordr. auth surA restraint yyas
II moved.
Al the meeting OF July eth, 1e9S, the
CITY Council adopted an order approving
he proposed contract containing the
modification suggested in the order of
July Ind, which notifications are shown
|" nave been for The FIRST time consented
t. 10y the REALTORS. Without further re-
strlctions or conditions this order might
have created such rights as would entitle
IL ilt SctSUl, OUT inc 1
order shows that it was not without con-
not absolute, and wa not in
ieA''ea t" be absolute and final by the
City Council. By express terms the exc
cutlon OF the contract is agreed upon t.
ne performed "as soon as the City Coun-
cIi Is III law tree so to do" The Git,
must have had in view the effect
OF its stipulation in the action above re-
TERED to when it adopted this resolution.
Within the five days fixed by the stipn-
the plaintiff fled in sud action A,
amended complaint setting up the same
which the ~rtleturs seek To i,sv,
executed by this action. \ trial was had
in the action and the Judgment Sc; ont IN
he answer herein was rendered and en-
tered. 1t will therefore be sesn that tn.
action OF the City Council by resolution
adopted in regular manner upon whlc,
REALTORS rely and which is the only evil
of any ,n'atractual liability upou
he part OF lac City, and to which the re-