101 Iowa 343 | Iowa | 1897
The plaintiffs are fifteen in number, and are abutting property owners on West Grand avenue, from Twenty-eighth street to four hundred feet west of Park lane, in the city of Des Moines. In September, 1893, the board of public works of Des Moines entered into a contract for the paving of said avenue between the points named, which contract the plaintiffs alleged to be invalid, for the reasons, among others, that the notice required by law was not given. It is alleged in the petition that afterwards the Des Moines Brick Manufacturing Company, recognizing the invalidity of the contract, caused to be introduced into the general assembly of Iowa a bill entitled “A bill for an act to legalize the acts of the city council and board of public works of the city of Des Moines, in entering into certain contracts for paving, with the Des Moines Brick Manufacturing Company,” and it appears that such an act was passed by the Twenty-fifth General Assembly. It is averred that the act so passed did not cure the defects in said contract, and that it is still of no force. It is further averred that the defendant, the Des Moines Brick Manufacturing Company is about to proceed with the construction of the pavement, and a temporary injunction was asked and granted. On the trial, the district court adjudged the contract void, and that the legalizing act, as to the contract in question, was of no effect, and permanently enjoined the defendants.