Indiana Supreme Court March 29, 1933, Nos. 25,945 26,067. (Wheeler v. City of Indianapolis)

Fansler, J.

These two cases, consolidated under No. 25,945 for briefing, are identical and present the same question, and we will treat them here as one case.

In 1921, appellee’s board of public works adopted a resolution and let a contract for the construction of a sewer located partly inside and partly outside the city of Indianapolis, under the provision of the Act of 1909, ch.