Legal Opinion

Rice & Son v. Plymouth County

Supreme Court of Iowa

Decided April 21, 1876PublishedCited by 18 opinions

Appeal from Woodbury Distriet Court. Action to recover for certain lumber delivered one Griffin by the plaintiffs which it is alleged the defendant agreed to pay for, and also that the defendant, being indebted to Griffin, agreed to pay the amount due plaintiff for the lumber. Jury trial, verdict for the plaintiff, and judgment thereon. Defendant appeals.

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Appeal from Woodbury Distriet Court. Action to recover for certain lumber delivered one Griffin by the plaintiffs which it is alleged the defendant agreed to pay for, and also that the defendant, being indebted to Griffin, agreed to pay the amount due plaintiff for the lumber. Jury trial, verdict for the plaintiff, and judgment thereon. Defendant appeals. The county can only be bound by the action of the board, or of a majority in session, or of some person duly authorized by it. (Clark v. Des Moines, 18 Iowa, 199; Haliburton v. FranMin, 11 Mass., 181; Butler v. Charleston, 7 Gray, 12; 1…

1Opinion of the Court

Seevers, Ch. J.

The' material facts are, that defendant, being desirous of erecting a jail, let the contract to one Griffin, who was to furnish the materials and erect such building. A committee was appointed to make the contract and sujoerintend the erection of the jail. The committee and Griffin entered into a written contract, by the terms of which Griffin was to receive his pay on the completion of the building. Soon after making this contract Griffin and Mr. Barrett, who was chairman of the board of supervisors and a member of said committee, went to Sioux City, where the plaintiffs…

2Cited by18 opinions

  1. Kirkland v. StateSupreme Court of Florida · 1923
  2. Herrington v. District Township of ListonSupreme Court of Iowa · 1877
  3. Modern Steel Structural Co. v. Van Buren CountySupreme Court of Iowa · 1905
  4. Young v. County of BlackhawkSupreme Court of Iowa · 1885
  5. Morrow v. Harrison CountySupreme Court of Iowa · 1954

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