Eureka Fire Hose Manufacturing Co. v. Mayor of Eastman
Court of Appeals of Georgia
Complaint; from city court of Eastman — Judge Neese. October 23, 1914. • The petition as amended alleges that “the Mayor and Council of the City of Eastman is indebted to petitioners [Eureka Eire Hose Manufacturing Company] in the sum of $531 principal, with interest at 6 per cent, per annum from August 1st, 1911, upon a certain contract,” a copy of which is attached to the petition.
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Complaint; from city court of Eastman — Judge Neese. October 23, 1914. • The petition as amended alleges that “the Mayor and Council of the City of Eastman is indebted to petitioners [Eureka Eire Hose Manufacturing Company] in the sum of $531 principal, with interest at 6 per cent, per annum from August 1st, 1911, upon a certain contract,” a copy of which is attached to the petition. The contract recites that it is between the Eureka Eire Hose Manufacturing Company, party of the first part, and “Corporation of City of Eastman in the County of Dodge and State of Georgia,” of the second part.…
1Opinion of the CourtBroyles, J.
1. Under the charter of the city of Eastman (Acts 1907, p. 569) authority to bind the city by signing any contract entered into or authorized by the city council is vested in the mayor.
2. As a general rule of law, when authority is delegated by the legislature to a municipality to enter into contracts in a specified manner, it becomes the duty of any person dealing with the municipality in a contractual relation to see that there has been a compliance with the mandatory provisions of the law limiting and prescribing its powers. It would follow from this principle that when a suit is…
2Cases cited5 opinions
- Langley v. City CouncilSupreme Court of Georgia · 1903
- City Council v. Dawson Waterworks Co.Supreme Court of Georgia · 1899
- City of Conyers v. Kirk & Co.Supreme Court of Georgia · 1887
- Wiley v. City of ColumbusSupreme Court of Georgia · 1899
- Marcrum v. WashingtonSupreme Court of Georgia · 1899
3Cited by7 opinions
- City of Gainesville v. EdwardsCourt of Appeals of Georgia · 1965
- McCrary Engineering Corp. v. City of BowdonCourt of Appeals of Georgia · 1984
- City of Jonesboro v. Shaw-Lightcap, Inc.Court of Appeals of Georgia · 1966
- The INGALLS IRON WORKS COMPANY v. City of Forest ParkCourt of Appeals of Georgia · 1959
- Mayor of Sugar Valley v. MillsSupreme Court of Georgia · 1916
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