MUNICIPAL CORPORATIONS-VALIDITY OF AGREEMENT BY MUNICIPAL EMPLOYEES TO ACCEPT LESS THAN STATUTORY SALARY

Plaintiff firemen sued the City of Chattanooga to recover the difference between the salary actually paid them during the depression years and the minimum salary provided by statute. The city, as a defense, relied upon certain instruments voluntarily executed by the plaintiffs by which they authorized the city auditor to reduce their salaries by a specified amount each month during these years so that the city could meet its budget without being compelled to exercise its legal right to reduce the fire force. The plaintiffs claimed that the reductions were illegal because of the minimum salary fixed by law. On appeal, held, plaintiffs were barred from maintaining a suit to recover the difference by the doctrine of equitable estoppel. Molloy v. City of Chattanooga, (Tenn. 1950) 232 S.W. (2d) 24