Mayor of Ensley v. Hollingsworth
Supreme Court of Alabama
(Dowdell, C. J., Sayre and Evans, JJ., dissent in part.) Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Assumpsit by J. E. Hollingsworth & Company against the mayor and aldermen of the city of Ensley. Judgment for plaintiff and defendant appeals.
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(Dowdell, C. J., Sayre and Evans, JJ., dissent in part.) Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Assumpsit by J. E. Hollingsworth & Company against the mayor and aldermen of the city of Ensley. Judgment for plaintiff and defendant appeals. The court erred in sustaining demurrers to plea F, as the law does not permit a public official to enter into binding contracts with official boards of which he is a member. — Wardell v. U. P. R. R. Co., 103 TJ. S. 568; 15 A. & E. Enc. of Law, 975-6, and cases there cited; Abbott’s Mnn. Corp. p. 569-72. The contract was void as…
1Opinion of the CourtDowdell, C. J.
Tbe complaint contained tbe common counts, and two special counts on an express contract. The contract was not set out in bsec verba, but was declared on as to its legal effect. A demurrer was interposed to tbe special counts assigning as grounds tbe failure to set out tbe contract in full in tbe complaint, and tbe failure to aver whether tbe contract as declared on was verbal or in writing. Neither of these tivo grounds is tenable. Tbe complaint averred tbe contract in substance, and a performance of tbe same‘on tbe part of the plaintiffs, and tbe only breach alleged was tbe failure of tbe…
2Cases cited5 opinions
- Allen v. Intendant & Councilmen of LaFayetteSupreme Court of Alabama · 1889
- Bluthenthal v. Town of HeadlandSupreme Court of Alabama · 1901
- Clark v. ColbertSupreme Court of Alabama · 1880
- Brown v. AdamsSupreme Court of Alabama · 1827
- Hill v. FreemanSupreme Court of Alabama · 1882
3Cited by22 opinions
- Oppenheim v. City of FlorenceSupreme Court of Alabama · 1934
- Montgomery v. City of AtlantaSupreme Court of Georgia · 1926
- City of Bristol v. Dominion National BankSupreme Court of Virginia · 1929
- Goodrich v. E.F. Hutton Group, Inc.Court of Chancery of Delaware · 1988
- American-LaFrance & Foamite Industries, Inc. v. Arlington CountySupreme Court of Virginia · 1935
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