Opinion

Carmichael v. Board of County Commissioners

475 P.2d 387
1970 OK 186

Court: Supreme Court of Oklahoma
Filed: Oct 6, 1970
Status: Published
Author: McInerney
On the bench: Blackbird, McInerney, Berry, Davison, Jackson, Lavender, Irwin, Williams, Hodges, McIner-ney
Cited by: 1 cases
Authority: More cited than 22.5%

The opinion

McINERNEY, Justice

(concurring specially) :

I believe the principal question is whether the fee of the architect contracted to be paid from funds to be later voted by the people in approving a bond issue is an enforceable debt.

Article 10, § 26, Oklahoma Constitution, which is construed in O’Neil Engineering Co. v. Incorporated Town of Ryan, 32 Okl. 738 , 124 P. 19 (1912) and Town of Red Fork v. Gantt-Baker Co., Inc., 130 Okl. 175 , 266 P. 444 (1928), cited by Defendant-in-Error, prohibits such an indebtedness. I would affirm the judgment of the trial court on the basis of the rule announced in these cases.

I am authorized to state that WILLIAMS and HODGES, JJ., concur in the views herein expressed.

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