Groton Bridge & Manufacturing Co. v. Warren County
Mississippi Supreme Court
From the circuit court of Warren county. ■ Hon. George Anderson, Judge. The Groton Bridge, etc., Co., appellant, was plaintiff, and Warren county, the appellee, defendant in the court below.
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From the circuit court of Warren county. ■ Hon. George Anderson, Judge. The Groton Bridge, etc., Co., appellant, was plaintiff, and Warren county, the appellee, defendant in the court below. In 1899 the board of supervisors of Warren county con-' tracted with the Groton Bridge & Manufacturing Company, for the rebuilding or repair of the Baldwin’s Ferry Bridge over Big Black River, according to plans and specifications on file in the office of the clerk of the board, the total cost of the work being $7,824.00. During the progress of the work it was discovered that one of the piers called for…
1Opinion of the CourtWiiiteieud, C. J.
The arrangement made through one member of the board was void. Board v. Patrick, 54 Miss., 240, controls this case. In the note to Gilman v. Contra Costa County, 68 Am. Dec., 292, it is said, speaking of a contract informally made: “It may be ratified at a subsequent meeting of the board in legal session, and the county thus become liable;” citing three authorities. But no such ratification of the board in open session was obtained by the appellant in this case. In 7 Am. & Eng. Enc. Law (2d ed.), p. 946, it is said that “such liability on an implied contract will not attach where an express…
2Cases cited4 opinions
- Wolcott v. Lawrence CountySupreme Court of Missouri · 1858
- Lehigh County v. KlecknerSupreme Court of Pennsylvania · 1843
- Dixon v. Greene CountyMississippi Supreme Court · 1899
- Board of Supervisors v. PatrickMississippi Supreme Court · 1876
3Cited by14 opinions
- Butler v. Board of Sup'rs for Hinds CountyMississippi Supreme Court · 1995
- Smith County v. MangumMississippi Supreme Court · 1921
- Colle Towing Co. v. Harrison CountyMississippi Supreme Court · 1952
- Lefoldt v. Horne L.L.P.Court of Appeals for the Fifth Circuit · 2017
- Marion County v. FoxworthMississippi Supreme Court · 1903
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