Smiley v. Mayor of Chattanooga
Tennessee Supreme Court
FROM HAMILTON. Appeal in error from the judgment of tbe Circuit Court, June Term, 1869. William L. Adams, J. “1. Vote or resolutions appointing an agent need not be entered on minutes or record in order to his due appointment: Angel & Ames on Corp., s. 284. •’‘The same may be implied from the permission or acceptance of his services from the recognition or confirmation of his acts, or in general from his being held out as the agent of the corpcration: Ibid.
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FROM HAMILTON. Appeal in error from the judgment of tbe Circuit Court, June Term, 1869. William L. Adams, J. “1. Vote or resolutions appointing an agent need not be entered on minutes or record in order to his due appointment: Angel & Ames on Corp., s. 284. •’‘The same may be implied from the permission or acceptance of his services from the recognition or confirmation of his acts, or in general from his being held out as the agent of the corpcration: Ibid. “‘A board/ says Mr. Justice Story, ‘may accept a contract or approve a security by vote, or by a tacit or implied assent’: Ibid, note 1;…
1Opinion of the Court
NicholsoN, Ch. J.,
delivered the opinion of the court.
This action was brought to recover the value of work and labor done by plaintiff for defendant, in and about the erection of a pest house, or smallpox hospital, and for damages sustained by him in consequence of the alleged violation by defendant of an agreement under which he was to complete the work. The plaintiff proved upon the trial by a witness, who was Mayor of Chattanooga at the date of the contract, that the contract was made with him by Dr. Franklin, who was a member of the Board of Aldermen, and also of its Committee on Health…
2Cited by1 opinion
- University of Tennessee v. Memphis Hospital College Building Co.Court of Appeals of Tennessee · 1927