Memphis & Charleston R. R. v. Scruggs
Mississippi Supreme Court
Appeal from the Chancery Court'of Alcorn County. Hon. O. H. Whitfield, Chancellor. The facts in the case fully appear in the opinion of tbe court. 1. The company is not bound by the contract of submission made by Wicks. He acted under an express authority. Such authority does away with all implied authority. This authority is introduced by the appellee.
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Appeal from the Chancery Court'of Alcorn County. Hon. O. H. Whitfield, Chancellor. The facts in the case fully appear in the opinion of tbe court. 1. The company is not bound by the contract of submission made by Wicks. He acted under an express authority. Such authority does away with all implied authority. This authority is introduced by the appellee. The authority is this: “Eesolved, that tbe president is authorized to receive the hotel at valuation as provided in the contractthis confers no power to make a new contract. The old contract does not give a lien. The new contract expressly…
1Opinion of the CourtPeyton, C. J.
This is an appeal from a decree of the chancery court of Al-corn county, enforcing the specific performance of an award.
The material facts of the case are, that on the 7th day of July, 1857, the Memphis and Charleston Railroad Company, and J. W. Scruggs entered into a contract, by the terms of which said Scruggs was to build a hotel on the grounds of the said company at Corinth now in Alcorn county, to be used as an eating house for said road. The said J. W. Scruggs was to erect the buildings *290and make the other improvements at his expense, and pay the said railroad company two hundred and…
2Cases cited1 opinion
- Story v. Norwich & Worcester RailroadSupreme Court of Connecticut · 1855
3Cited by5 opinions
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- James Reeves Contractor, Inc. v. United StatesUnited States Court of Federal Claims · 1994