Riehl

This is an action brought by the plaintiff, a citizen and taxpayer of San Jose, and also the president of the San Jose Light and Power Company, against the city of San Jose, its mayor and common council, and the Electric Improvement Company of San Jose, to set aside a contract entered into between the city through its said mayor and common council and the said Electric Improvement Company of San Jose for the lighting of the streets with arc electric lights for a period of five years from and after October 1, 1890.

Judgment went for the respondents, and this appeal is from the order denying a motion for a new trial. After notice given, competing bidders came before the council of the city of San Jose to secure the contract of lighting the streets of the city, and such contract was subsequently awarded to the respondent, the Electric Improvement Company of San Jose. The charter of the city does not contain any provision requiring contracts of the present character to be let to the lowest bidder, but appellant insists that, even in the absence of such a provision of the law, the city has no authority, in justice to its tax-paying citizens, to arbitrarily let a contract to a party…