McShane v. Dover
Supreme Court of New Hampshire
Assumpsit, for the price of an automobile patrol wagon. Trial •and facts found by the court. The negotiations for the purchase of the wagon from the plaintiff were made by the police commissioners of the defendant city.
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Assumpsit, for the price of an automobile patrol wagon. Trial •and facts found by the court. The negotiations for the purchase of the wagon from the plaintiff were made by the police commissioners of the defendant city. The commissioners having applied to the city government for a special appropriation to purchase a patrol wagon, which was voted down, purchased the automobile from the plaintiff and received a delivery of it acting in their official capacity, but they arranged to pay for the same by contributing from their salaries and the pay of the patrolmen. They acted in good faith, and…
1Opinion of the CourtWalker, J.
It does not appear from the reported facts that the plaintiff and the city entered into a contract for the sale, on the one hand, and for the purchase on the other, of the patrol wagon, for which the plaintiff seeks to recover. There is no finding that the plaintiff understood he was contracting with the city or with officials whom he assumed had authority to act for the city in the premises and to pledge its credit for the wagon. He did not charge the price to the city, and no evidence is apparent from which it could be found that he intended to look to the city for his pay. Nor did the…
2Cited by1 opinion
- McShane v. DoverSupreme Court of New Hampshire · 1922