Inhabitants of Concord v. Delaney
Supreme Judicial Court of Maine
On report. The writ was dated Dec. 20, 1866, and was served on Frank Davis only, who alone appeared. The declaration was as follows : In a plea of the case, for that the defendants at said Augusta, to wit, at said Norridgewoclc, on the 30th September, a. d. 1864, then being copartners, as aforesaid, in consideration that the plaintiffs would pay them within a reasonable time the sum of five thousand and four hundred dollars, agreed with and promised the plaintiffs that they…
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On report. The writ was dated Dec. 20, 1866, and was served on Frank Davis only, who alone appeared. The declaration was as follows : In a plea of the case, for that the defendants at said Augusta, to wit, at said Norridgewoclc, on the 30th September, a. d. 1864, then being copartners, as aforesaid, in consideration that the plaintiffs would pay them within a reasonable time the sum of five thousand and four hundred dollars, agreed with and promised the plaintiffs that they would furnish them with nine men, to be accepted, placed upon, and allowed on the quota of said town of Concord, under…
1Opinion of the CourtDickerson, J.
There was no statute authorizing the selectmen of the plaintiff town to make the contract declared on in the plaintiffs’ writ, nor has any statute been since passed ratifying or confirming that contract. The powers of towns and town officers being derived exclusively from the statutes, the contract made by the selectmen was illegal and void. While no action can be maintained on the special counts in the plaintiffs’ declaration, an action may be maintained on the count for money had and received, if the plaintiffs are able to prove the necessary facts upon a trial of the case. Inhabitants of…
2Cases cited6 opinions
- Nellis v. ClarkNew York Supreme Court · 1838
- Murray v. JudahNew York Supreme Court · 1826
- Eddy v. SmithNew York Supreme Court · 1835
- Bliss v. ThompsonMassachusetts Supreme Judicial Court · 1808
- Denny v. LincolnMassachusetts Supreme Judicial Court · 1809
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Opinion of the JusticesSupreme Judicial Court of Maine · 1965
- Northeast Shoe Co. v. Industrial & Recreational Finance Approval BoardSupreme Judicial Court of Maine · 1966