Contoocook Fire Precinct v. Hopkinton
Supreme Court of New Hampshire
Assumpsit, for labor performed, materials furnished, and money paid at the defendants’ request, in constructing a sewer. Trial by jury at the October term, 1901, of the superior court, Stone, J., presiding, and verdict directed in favor of the defendants, subject to the plaintiffs’ exception.
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Assumpsit, for labor performed, materials furnished, and money paid at the defendants’ request, in constructing a sewer. Trial by jury at the October term, 1901, of the superior court, Stone, J., presiding, and verdict directed in favor of the defendants, subject to the plaintiffs’ exception. The evidence tended to prove the following facts: The plaintiffs are a corporation duly organized for the purpose of extinguishing fires and supplying water for domestic and fire purposes in the village of Contoocook in tlie defendant town. The chairman of the selectmen of the town, after conference with…
1Opinion of the CourtChase, J.
The plaintiffs gave C no authority, either expressly or impliedly, to construct the sewer on their account. He did not act as their agent or representative. Under these circumstances, the commencement and prosecution of this action cannot be regarded as a ratification of his acts by the plaintiffs. One condition necessary for the application of the doctrine of ratification is lacking, namely, the quality of agency in the acts them selves. Webb v. Cole, 20 N. H. 490; Richardson v. Payne, 114 Mass. 429; Hamlin v. Sears, 82 N. Y. 327; Sto. Ag., s. 251 a. The plaintiffs did not construct the…
2Cases cited12 opinions
- Wood v. Guarantee Trust and Safe Deposit Co.Supreme Court of the United States · 1888
- Sanford v. McLeanNew York Court of Chancery · 1831
- Gans v. . ThiemeNew York Court of Appeals · 1883
- Neely v. JonesWest Virginia Supreme Court · 1880
- Hamlin v. . SearsNew York Court of Appeals · 1880
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3Cited by4 opinions
- Leonard v. Town of WaynesboroSupreme Court of Virginia · 1937
- Remick v. J. Spaulding & Sons Co.Supreme Court of New Hampshire · 1926
- Sanborn Seminary v. NewtonSupreme Court of New Hampshire · 1904
- Trustees of Dartmouth College v. CameronSupreme Court of New Hampshire · 1913