Volume 161 — Nebraska Reports

1. Municipal Corporations. An action to recover on a contract entered into with a village contrary to the prohibition of section <cross_reference>17-611</cross_reference>, R.R.S. 1943, may not be maintained. 2. ___. Where a contract has been entered into with a village contrary to the prohibitions of section <cross_reference>17-611</cross_reference>, R.R.S. 1943, and payments have been made for materials furnished or service performed thereunder, the amounts so paid may be recovered in an action by the village or by a taxpayer on behalf of the village. 3. ___. A contract entered into with a village contrary to the prohibitions of section <cross_reference>17-611</cross_reference>, R.R.S. 1943, is void. 4. Case Overruled. The case of Grand Island Gas Co. v. West, <cross_reference>28 Neb. 852</cross_reference>, 45 N.W. 242, to the extent that it is in conflict with the opinion herein is overruled.