| 990022_Page_05the City ordinances and also in
compliance with the provision
of the Contract between the City
and said Claimant.
"If by law, a particular clain is to
be paid out of a 'special fund'
a warrant or order issued therefor
should be made payable out
of that fund. if made payable
from the Treasury generally by the
officers issuing it the orporation
is not bound by their act "Dillon on
Munic Corp, sec 505. The claim
in question being payable out of
the special fund known as Jackson
Street Improvement fund cannot
be apid out of any other fund.
The fact that Alexander refuses
to accept the warrants issued
on payment for work on the
contract doen not change the
rights or objections of the city in
the least, in my judgement.
He is bound by his contract to
accept the same and asks
for a different kind of payment
he departs from the contract. | 990022_Page_05the City ordinances and also in
compliance with the provision
of the Contract between the City
and said Claimant.
"If by law, a particular clain is to
be paid out of a 'special fund'
a warrant or order issued therefor
should be made payable out
of that fund. if made payable
from the Treasury generally by the
officers issuing it the orporation
is not bound by their act "Dillon on
Munic Corp, sec 505. The claim
in question being payable out of
the special fund known as Jackson
Street Improvement fund cannot
be apid out of any other fund.
The fact that Alexander refuses
to accept the warrants issued
on payment for work on the
contract doen not change the
rights or objections of the city in
the least, in my judgement.
He is bound by his contract to
accept the same and asks
for a different kind of payment
he departs from the contract. |
EN