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Angel v. Murray

113 R.I. 482 (1974)

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Angel v. Murray

Rhode Island Supreme Court
113 R.I. 482 (1974)

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Facts

In 1964, James L. Maher (defendant) signed a series of contracts with the City of Newport (defendant) to collect all the city's garbage for $137,000 per year over the next several years. Maher originally entered into these contracts with the expectation that the total number or garbage-producing dwellings in the city would increase only 20 to 25 per year. However, after Maher signed the contracts, the city experienced a substantial and unanticipated increase of 400 new dwelling units. In 1967, Maher asked the city council for an additional $10,000 per year to cover the cost of servicing these unexpected new units. The city council agreed to pay him $10,000 per year for both 1968 and 1969, for a total of $20,000 beyond the original contract. Newport resident Alfred L. Angel (plaintiff) sued Maher, the city, and the city's director of finance John Murray (defendant) on the ground that the payment of $20,000 to Maher was illegal and asking that Maher be ordered to repay that sum to the city. The trial court held the payment was illegal and ordered Maher to repay the $20,000. Maher appealed.

Rule of Law

Issue

Holding and Reasoning (Roberts, C.J.)

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