E. R. Thomas Motor Car Co. v. Town of Seymour
Supreme Court of Connecticut
Action to recover for a chemical hose and pumping engine alleged to have been sold to and purchased by the defendant town, brought to the Superior Court in New Haven County where the plaintiff was nonsuited in a trial to the court, Case, J., and from its refusal to set aside said judgment the plaintiff appealed.
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Action to recover for a chemical hose and pumping engine alleged to have been sold to and purchased by the defendant town, brought to the Superior Court in New Haven County where the plaintiff was nonsuited in a trial to the court, Case, J., and from its refusal to set aside said judgment the plaintiff appealed. The written instrument relied upon by the plaintiff purported to be a contract between the parties wherein the plaintiff agreed to sell and the defendant to buy a combination chemical hose and pumping engine for $5,500. The signers upon the part of the town were the individuals…
1Opinion of the CourtShumway, J.
The question presented to this court is the claimed error of the trial court in denying the motion to set aside the nonsuit.
Towns in this State can make a contract only through their authorized agents. As a general rule in any case, when it appears that the principal is acting by an agent, the burden is upon the party claiming that the principal is bound by the agent’s acts, to prove the authority of the agent to represent and act for the principal, and such authority usually is express or implied. There can be no implied authority for any agent to act for a town. Such authority must be…
2Cases cited1 opinion
- Turney v. Town of BridgeportSupreme Court of Connecticut · 1887
3Cited by7 opinions
- Bridgeport Brass Co. v. DrewSupreme Court of Connecticut · 1925
- Lucier v. Town of NorfolkSupreme Court of Connecticut · 1923
- Johnson v. SchmitzDistrict Court, D. Connecticut · 2002
- State v. Hartford Accident & Indemnity Co.Supreme Court of Connecticut · 1951
- Silliman & Godfrey Co. v. Town of WestportSupreme Court of Connecticut · 1930
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