Bluthenthal v. Town of Headland
Supreme Court of Alabama
Appeal from Henry Circuit Court. Tried before Hon. John P. Hubbard. Action by Bluthenthal & Bickert on an account and for money had and received, for the price or value of liquors sold to the Town of Headland. From a judgment for defendant plaintiffs appeal.
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Appeal from Henry Circuit Court. Tried before Hon. John P. Hubbard. Action by Bluthenthal & Bickert on an account and for money had and received, for the price or value of liquors sold to the Town of Headland. From a judgment for defendant plaintiffs appeal. (1.) Appellants were entitled to recover on the count for money had and received.' — -Allen v. Intenclani and Gotmcilmen of LaFayette, 89 Ala. 641; Flmn v. Barber, 64 Ala. 193;. Gain v. Martin, 67 Ala. 177; Smith v. Tanhersly, 20 Ala. 213; Boyd v. Grown, 17 Ala. 51; Reed v. Plats-mouth, 106 U. S. 568; Dillon on Munie. Corp., §§ 460, 462.…
1Opinion of the CourtHaralson, J.
— An ultra vires contract is one that is wholly and manifestly outside of the charter or constituent act of the corporation or some valid legislative act applicable to it, and contracts in this sense ultra vires, import in general no corporate liability directly upon the contract.—2 Dillon on Munic. Corp. § 969. Incorporated companies have no powers except thoáe which their charters confer upon them either expressly or as incidental to their existence.—Beach v. Fulton Bank, 3 Wend. 583; Dartmouth College v. Woodward, 4 Wheat. 518; Ala. G. L. Ins. Co. v. Cen. A. & M. Asso., 54 Ala. 73; Taylor…
2Cases cited7 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Thomas v. City of RichmondSupreme Court of the United States · 1871
- Woods & Co. v. ArmstrongSupreme Court of Alabama · 1875
- Allen v. Intendant & Councilmen of LaFayetteSupreme Court of Alabama · 1889
- Beach v. President of the Fulton BankCourt for the Trial of Impeachments and Correction of Errors · 1829
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3Cited by22 opinions
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- General Electric Co. v. Town of Fort DepositSupreme Court of Alabama · 1911
- Alabama City, G. & A. Ry. Co. v. KyleSupreme Court of Alabama · 1918
- Ellis v. BatsonSupreme Court of Alabama · 1912
- Greil Bros. Co. v. McLainSupreme Court of Alabama · 1916
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