87 So. 345 | Ala. | 1920
The county of Chilton obtained the judgment appealed from against the town of Clanton (appellant) on the theory that the town was due the county the sum adjudicated in consequence of the fact that the county had, through the county's road contractor, *104 improved a street in the town — a street that connected at the corporate limits of the town with a cross-county highway then being built by the county. It appears that the source of the money wherewith it was contemplated the improvement of this street in Clanton was to be paid for was "interest-bearing" warrants issued by the county against the special road and bridge fund derived from a levy for that purpose under section 215 of the Constitution of 1901; and the completed improvement of this street was paid for by this method.
In view of the restrictive provisions of section 215 of the Constitution, the county authorities were forbidden to devote or to apply, directly or indirectly, the product of such special levy to the repair, construction, or improvement of any street in the town of Clanton; funds so derived or to be collected being restricted to use on, or to improve, public roads of the county. City of Demopolis v. Marengo County,
The trial court entertained, and through rulings on the pleading, on the admission of evidence, and instruction of the jury, gave effect to the view that the circumstances and acts indicated raised up an implied promise on the part of the town of Clanton to pay or reimburse the county of Chilton the money expended by the county in improving, to the advantage of the town of Clanton, the street in question. As stated, no valid express contract between the county and the town could have been made with respect to the devotion, present or prospective, to the improvement of the town's street special road and bridge funds, collected or to be collected under the special levy authorized and governed in application by section 215 of the Constitution. In addition, no contract executed as Code, § 1183, prescribes (City of Mobile v. Mobile Electric Co.,
The judgment against the town is affected with error. It is reversed, and the cause is remanded.
Reversed and remanded.
ANDERSON, C. J., and SOMERVILLE and THOMAS, JJ., concur. *105