237 P. 153 | Colo. | 1925
THE plaintiff in error brought this action as a tax payer to compel the state highway engineer to carry out an alleged contract whereby the Strange-Mcguire Paving *437 Company was to pave a certain highway, and to enjoin the defendant from advertising again for bids for the work. A demurrer to the compliant was overruled, an answer and replication were filed, and upon trial the court found generally for defendant and gave him judgment.
The defendant in error now claims that the demurrer should have been sustained. It is doubtful whether the compliant states that a contract was entered into or made by the parties. Something equivalent to this was necessary (Denver v. Bowen,
Supersedeas denied and judgment affirmed.
MR. CHIEF JUSTICE ALLEN and MR. JUSTICE BURKE concur. *438