990022_Page_06

He is bound to wait for payment
of his claims until it is collected in
the manner prescribed by law;
The City Charter, ordinance and his
own contract fix his legal status
as well as that of the City.
But it claimed that the acts of
the Council in ordering and
miking the improvements and grading
were illegal. If this be true it does
not constitute a sufficient reason
for compelling the tax-payer of the
City in general to liquidate this claim.
It is presumed that the contractor
had as much knowledge about the
facts in relation to this improvement
as the members of teh council.
In the case of Newmann -v- Sylvester
42 Ind. 106 cited in Dil -v- Munic
Corp page 457(vol1) when a contract
was let for improvement beyond
the City limits the court uses this
language "The contractor having
like knowledge with the members
of the Council they cannot be held
liable for the Costs of such imporv-
ment" In the case of Bork -v-
Smith & Others 55 Wis. page 81 the court
uses this language: "Every contractor