Burton E. Carr and Marie A. Carr v. City of Anchorage, a Corporation

This action was brought to recover the agreed consideration under an oral contract between plaintiffs and the city of Anchorage, Alaska. Plaintiffs al leged that the contract had been fully executed on their part, and that defendant had benefited therefrom.

Defendant moved for a summary judgment. It did so on the ground that there was a failure to comply with certain necessary formalities governing the formation of municipal contracts. The motion was granted, and such a judgment was entered. Plaintiffs appeal.

The only question presented on this appeal is whether defendant was entitled to judgment as a matter of law, under the facts established by the pleadings and affidavits.

While the pleadings and affidavits raise certain disputed questions of fact, they must all be resolved in favor of appellants for the purpose of considering the motion for summary judgment and the appeal therefrom. This is true because a motion for summary judgment is improper where there is left unresolved a genuine issue as to any material fact. Rule 56(c), Federal Rules of Civil Procedure, 28 U.S.C.A.

The facts as so established may be briefly stated. In May, 1950, appellants were constructing a…