American Hardwood Lumber Co. v. City of Benton
Supreme Court of Arkansas
Appeal from Saline Circuit Court; W. H. Evcms, Judge; 1. The council had the right to open the street and to contract for work and materials necessary. Kirby’s Digest, § 5466. Also to delegate this right to its street committee. 105 Ark. 506. 2. The action of the committee was ratified by the city. 87 Ark. 389; 61 Id. 397; 67 Id. 236; 81 Id. 244 ; 82 Id. 531; 81 Icl. 143. 3. The verdict is contrary to the law and evidence. Instruction No. 8 should have been given.
1Opinion of the CourtSmith, J.
Appellant sued to recover the purchase price of a lot of lumber sold by it to the city of Benton. The suit was defended upon the ground that the purchase had been made without authority of law. Issue was joined upon this question, and, in addition, it was contended that the city had become liable for the purchase by ratification.
The city council passed a resolution whereby its street committee was authorized to open Hazel street from Market street to East street in said city, a distance of two blocks. Witnesses detail the occurrence at the meeting of the council at which the resolution was…
2Cases cited3 opinions
- Texarkana v. FriedellSupreme Court of Arkansas · 1907
- Forrest City v. OrgillSupreme Court of Arkansas · 1908
- Venable v. Town of PlummervilleSupreme Court of Arkansas · 1917
3Cited by1 opinion
- City of Topeka v. ImmingCourt of Appeals of Kansas · 2015