Legal Opinion

State ex rel. Brophy v. City of Cleveland

Ohio Supreme Court

Decided May 26, 1943No. 29043Published

1Opinion of the CourtHart, J.

Tavo main questions are made by the record in this case. They are (1) does the relator have legal capacity to sue; and (2) does the petition state facts sufficient to constitute a cause of action?

It is clear from the uncontroverted facts in this case that the relator Avas acting merely as agent for others in the purchase of Avater for property owners in the city of Cleveland; that he Avas reimbursed by these *521owners for sums paid by Mm for water, and that lie has in fact no pecuniary interest in water rates charged by or paid to the city of Cleveland. Generally, agents have no implied power to…

2Cases cited2 opinions

  1. State Ex Rel. Mettler v. StrattonOhio Supreme Court · 1941
  2. State Ex Rel. Latta v. WhiteOhio Supreme Court · 1942

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