by John Marshall

“ But it cannot be disguised, that a promise is held forth to all who should build on the graduated streets, that the graduation should be unalterable. The Court, however, feels great difficulty in saying, that this ordinance can operate as a perpetual restraint on the Corporation.
When a government enters into a contract, there is no doubt of its power to bind itself to any extent not prohibited by its constitution. A Corporation can make such contracts only as are allowed by the acts of incorporation. ”

“ The graduation and levelling of the streets, is not, necessarily, a single operation. There may be circumstances to produce a general desire to vary the graduation, to bring the streets more nearly on a level than was contemplated in the first ordinance: and, if this may occur, we cannot say that the legislature could not intend to give this power of varying the graduation, when the words they employ are adapted to the giving of it. ”

“ There can be no doubt that the power of graduating and levelling the streets ought not to be capriciously exercised. Like all power, it is susceptible of abuse. But it is trusted to the inhabitants themselves, who elect the corporate body, and who may therefore be expected to consult the interests of the town. ”