Majority
p. 912Samuel D. Coykendall, Respondent, v. William R. Harrison and Others, Constituting the Board of Water Commissioners of the City of Kingston, and the City of Kingston, Appellants.
Decision amended by adding thereto second question, to' wit: 3. If such contract did not contemplate ordinary maintenance or repair did the water board have the right to enter into the same without the assent of the common council ?