Smith v. Hosford

The opinion of the court was delivered by

West, J.

This action was brought to compel the building inspector to grant to the plaintiff a permit to put up a garage. The petition alleged that he complied with the requirements and tendered the legal fee; that the inspector acted under the orders, directions and instructions of the mayor and commissioners and refused to issue the permit. The defendant pleaded that he was at all times acting under such orders and instructions, and that the board had instructed him in writing not to grant a permit to the plaintiff for the reason that the building was…