City of Astoria v. American La France Fire Engine Co.

[1] This is an action on a written con-

tract to recover the purchase price of certain fire apparatus for the use of the fire-department of the city of Astoria. The contract was entered into on behalf of the city by the committee on fire and water of the common council, and, inasmuch as the validity of that contract is the only question presented for our consideration, a brief reference to the provisions of the city charter and 'the facts leading up to the execution of the contract becomes necessary. The powers of the city council are largely defined by section 38 of the charter, which contains 57 subdivisions or paragraphs. By paragraph 42 of this section the council has power and authority within the city of Astoria—

Section 39 provides that the power and authority given to the council by section 38 can only be exercised or enforced by ordinance, unless otherwise provided. Section 124 provides as follows:

Section 1 of an ordinance approved June 15, 1897, organized a paid fire department for the city with powers and duties to be exercised by and through the committee on fire and water of the common council. Section 3 of the ordinance provides:

Section 11 provides:

Section 15…