Municipalities — Third class cities — Collection of garbage — Grant of exclusive privilege — Power — Construction — Contracts.
1. A third class city has the power to enter into a contract granting to a person the exclusive right for hire to collect and dispose of garbage within the corporate limits. [487-8]
2. Where a contract of a municipality grants to another "the exclusive right and privilege of collecting garbage" within the corporate limits, the municipality may not enter into a contract with a third person permitting him to collect for hire garbage within the municipality but the municipality is not required to otherwise protect the contractor in the exercise of his exclusive right and it is not a defense to performance by the contractor that without legal authority third persons have collected garbage for hire within the municipality. [488]
Argued March 22, 1949.
PER CURIAM, April 11, 1949:
The judgment is affirmed on the opinion of President Judge PURVIS.