Citation Numbers: 63 Fla. 541
Judges: Cockrell, Hooker, Shackleford, Taxlor, Whitfield
Filed Date: 1/15/1912
Status: Precedential
Modified Date: 9/22/2021
— This is an appeal from an interlocutory order, refusing a temporary injunction against the performance of a contract between the county of DeSoto and a partnership known as The Read-Parker Construction Company for building a court house. The order was based upon the finding that the former court house had been torn down and the contractors had expended about one-half the amount of their bid, when the injunction was asked; the validity of the contract in many of its features was not adjudged upon at this summary hearing, and we shall likewise pass them over as premature, or perhaps not requiring immediate action. There is, however, one provision as to which we feel the complainant was entitled to a restraining order. The so-called “warrants” to he issued by the county to the contractors are without authority of law, partaking rather of the nature of bonds, which may only be issued by a vote, of the county, and it is not safe to say that these “warrants” are non-negotiable and maybe defended against in the hands of others. It is
The order is reversed, with directions to modify as above indicated.