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Contracts Keyed to Kunz
Angel v. Murray
Citation:
322 A.2d 630 (R.I. 1974)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
James Maher had successive five-year contracts to collect all the trash within the city limits of Newport, RI for $137,00 per year (on an assumption of an increase of 20-25 dwelling units per year). In June of 1967, following an unprecedented increase in city dwellings of 400 units, Maher requested an additional $10,000 from city council to offset this substantial increase in trash in the city. Maher made a similar request in June of 1968 for the same reason; Newport’s city council granted both requests. Citizens of Newport then sued the Director of Finance (John Murray) and Maher, claiming that the additional payments were unlawful because they violated the pre-existing duty rule.
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