F. C. Austin Manufacturing Co. v. Ayr
Superior Court of Pennsylvania
Appeal, No. 101, Oct. T., 1905, by plaintiff, from judgment of C. P. Fulton Co., Jan. T., 1899, No. 52, on verdict for defendants in case of F. C. Austin Manufacturing Company now to use of Florence Hanks v. Ayr Township. Assumpsit to recover the price of a road machine. Before Swore, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 101, Oct. T., 1905, by plaintiff, from judgment of C. P. Fulton Co., Jan. T., 1899, No. 52, on verdict for defendants in case of F. C. Austin Manufacturing Company now to use of Florence Hanks v. Ayr Township. Assumpsit to recover the price of a road machine. Before Swore, P. J. The facts are stated in the opinion of the Superior Court. The defendants presented the following points: 1. The purchase of the road machine such as is involved in this case, by the supervisors of the township, is a deliberative as distinguished from a ministerial act, and in order to recover in this…
1Opinion of the Court
Opinion by
Rice, P. J.,
It is well settled that the purchase of a road machine by township supervisors is a deliberative, as distinguished from a purely ministerial, act, and is governed by the general rule applying to such acts : American Road Machine Co. v. Washington Twp., 9 Pa. Superior Ct. 105; Climax Road Machine Co. v. Allegheny Twp., 10 Pa. Superior Ct. 437 ; Westera. Wheeled Scraper Co. v. Butler Twp., 24 Pa. Superior Ct. 477; Austin Mfg. Co. v. Ayr Twp., 17 Pa. Superior Ct. 419; 24 Pa. Superior Ct. 91. The rule is commonly stated in these words: “ One supervisor cannot bind the…
2Cases cited18 opinions
- Pennsylvania R. R. v. Montgomery County Passenger RailwaySupreme Court of Pennsylvania · 1895
- Silsby Mfg. Co. v. AllentownSupreme Court of Pennsylvania · 1893
- Union Township v. Gibboney & NelsonSupreme Court of Pennsylvania · 1880
- City ex rel. O'Rourke v. HaysSupreme Court of Pennsylvania · 1880
- Cooper & Grove v. Lampeter TownshipSupreme Court of Pennsylvania · 1839
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3Cited by3 opinions
- Jefferson County v. Rose TownshipSupreme Court of Pennsylvania · 1925
- Good Roads Machinery Co. v. Union TownshipSupreme Court of Pennsylvania · 1907
- Rice v. Lake TownshipSuperior Court of Pennsylvania · 1909