Disbrow v. Board of Supervisors
Supreme Court of Iowa
Appeal from, Gass District Court. — Hon. O. D. Wheeler, Judge. The board of supervisors and O. W. Welman entered into a written contract whereby Welman undertook to uncover and report for assessment property which had been omitted from taxation in the county, and the county agreed to pay him for such services a sum equal to one-half of all moneys collected as a result of his investigation.
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Appeal from, Gass District Court. — Hon. O. D. Wheeler, Judge. The board of supervisors and O. W. Welman entered into a written contract whereby Welman undertook to uncover and report for assessment property which had been omitted from taxation in the county, and the county agreed to pay him for such services a sum equal to one-half of all moneys collected as a result of his investigation. Welman performed the contract on his part, and, after he had done so, the plaintiff brought this action in equity to restrain the board of supervisors from paying him the sum agreed upon for his services.…
1Opinion of the CourtSherwin, J.
i. omitted discovery of employment of agent: tionof. The plaintiff contends that the board of supervisors had no legal authority to make the contract in question, and that it is contrary to public policy. Subdivision 11 of section 422 of the Code gives the board of supervisors of a county power fto represent the respective counties, and to-have the care and management of the property and business thereof in all cases where no other provision shall be made.” Construing this statute in Wilhelm v. Cedar County, 50 Iowa, 254, we held that it was the duty and business of the county to collect…
2Cases cited6 opinions
- Allison v. C. & N. W. R. Co.Supreme Court of Iowa · 1875
- Allen v. Cerro Gordo CountySupreme Court of Iowa · 1871
- Burnett v. MarkleyOregon Supreme Court · 1893
- Wilhelm v. Cedar CountySupreme Court of Iowa · 1878
- Hawk v. Marion CountySupreme Court of Iowa · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Von Rosenberg v. LovettCourt of Appeals of Texas · 1914
- Roper v. HallCourt of Appeals of Texas · 1925
- Walker v. American Family Mutual Insurance Co.Supreme Court of Iowa · 1983
- Fancher v. Board of CommissionersNew Mexico Supreme Court · 1921
- Cameron & Henderson, Inc. v. FranksSupreme Court of Oklahoma · 1947
13 more not listed; retrieve them via the Exa API.