Forrest City v. Orgill
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; Hemee N. Hutton, Judge; 1. No one was ever authorized by ordinance to make this contract on behalf of the city, and it is not bound. Kirby’s Digest, § 5473; 40 Ark. 105; 61 Ark. 597. 2. Appellees having failed to make good the guaranty that the machinery would perform certain work would not be entitled to recover. 1. - Municipal corporations can contract through their duly authorized agents.
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Appeal from St. Francis Circuit Court; Hemee N. Hutton, Judge; 1. No one was ever authorized by ordinance to make this contract on behalf of the city, and it is not bound. Kirby’s Digest, § 5473; 40 Ark. 105; 61 Ark. 597. 2. Appellees having failed to make good the guaranty that the machinery would perform certain work would not be entitled to recover. 1. - Municipal corporations can contract through their duly authorized agents. Fussell as chairman of the water plant had full control of it, and he had authority, as appears in the testimony, to purchase the machinery. So long as he was acting…
1Opinion of the CourtHiee, C. J.
This is a suit by Orgill Bros. & Company against Forrest City for the purchase price of machinery for waterworks. It was brought February 26, 1907, and resulted in favor of the plaintiff in September, 1907, and the defendant appealed.
Gorman was mayor, and Fussell chairman of the committee on waterworks of the common council of Forrest City, Acting on behalf of said city, as they supposed with authority, they purchased machinery for waterworks from Orgill Bros. & Company at the price of $1,642.90, f. o. b. Memphis. The machinery was to be installed by the city, and was received in October,…
2Cases cited8 opinions
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3Cited by21 opinions
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