Lambeth v. City of Thomasville
Supreme Court of North Carolina
Civil actioN, tried before Bryson, J., at November Term, 1919, of DAVIDSON. Tbe action is brought for a breach of the following contract entered into between the plaintiff and the defendant on 26 March, 1917: “Upon motion of M. H. Stone, seconded by T. A. Finch, it is ordained by the city council of the city of Thomasville, in regular session, 26 March, 1919, that the propositions of Mr. J. ~W. Lambeth submitted at this meeting be adopted and accepted.
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Civil actioN, tried before Bryson, J., at November Term, 1919, of DAVIDSON. Tbe action is brought for a breach of the following contract entered into between the plaintiff and the defendant on 26 March, 1917: “Upon motion of M. H. Stone, seconded by T. A. Finch, it is ordained by the city council of the city of Thomasville, in regular session, 26 March, 1919, that the propositions of Mr. J. ~W. Lambeth submitted at this meeting be adopted and accepted. The propositions are as follows, viz.: “First. In consideration of a conveyance from said J. W. Lambeth of sufficient land to the city of…
1Opinion of the CourtBrown, J.
Tbe power of the defendant to enter into the contract sued upon does not seem to be denied, at least it is not raised by any assignment of error or discussed in the defendant’s brief. Tbe term ultra vires is used to designate the acts of corporations beyond the scope of their powers as defined by their charters or acts of incorporation. Such lack of power upon the part of the defendant is not pleaded, and the charter of the defendant is not in the record. We therefore assume that the defendant is vested with the usual authority given to cities and towns to lay out streets and to construct…
2Cases cited6 opinions
- Wilkinson v. . DunbarSupreme Court of North Carolina · 1908
- Wyatt v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1911
- Durham v. Trustees of Bullock ChurchSupreme Court of North Carolina · 1889
- Wade v. Carolina Telephone & Telegraph Co.Supreme Court of North Carolina · 1908
- Davenport v. . R. R.Supreme Court of North Carolina · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Green v. City of Rock HillSupreme Court of South Carolina · 1929
- Plant Food Co. v. City of CharlotteSupreme Court of North Carolina · 1938
- Scarborough v. AdamsSupreme Court of North Carolina · 1965
- Town of Graham v. Karpark Corp.Court of Appeals for the Fourth Circuit · 1952
- City of Greensboro v. GarrisonSupreme Court of North Carolina · 1925
2 more not listed; retrieve them via the Exa API.