Galloway v. Road Improvement District No. 4
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Northern District; George W. Clark, Judge; 1. Kirby & Castle’s Digest, § 9151, gave appellees the right to contract with appellant for the hire of road implements or outfits, as well as the right to purchase same; the doctrine of ultra vires can not be raised, and if the specific power was not granted to purchase or hire, appellees impliedly were granted power to make the contract. The demurrer admits the facts pleaded.
Read the full summary
Appeal from Prairie Circuit Court, Northern District; George W. Clark, Judge; 1. Kirby & Castle’s Digest, § 9151, gave appellees the right to contract with appellant for the hire of road implements or outfits, as well as the right to purchase same; the doctrine of ultra vires can not be raised, and if the specific power was not granted to purchase or hire, appellees impliedly were granted power to make the contract. The demurrer admits the facts pleaded. K. & C. Dig, §§ 1914, 1916; 61 Ark. 397; 47 Id. 269. If appellees had the right to purchase, they had the right to hire. 10 Wall. 676; 9…
1Opinion of the CourtMcCulloch, C. J.
Road Improvement District,No. 4 of Prairie County was formed under Act No. 338 of the session of 1915, for the purpose of improving a certain road in Prairie County, and its co-appellees are the commissioners of said district.
This action was instituted below by appellant against the road improvement district and the commissioners thereof, to recover damages alleged to have accrued from a breach of contract between the parties, whereby appellant leased to the improvement district an outfit or equipment for the construction of highways. The substance of the contract is set forth at large in the…
2Cited by4 opinions
- Guillot v. State Highway CommissionMontana Supreme Court · 1936
- Angel v. BehnkeIndiana Court of Appeals · 1975
- State Ex Rel. Small v. Hughes County CommissionSouth Dakota Supreme Court · 1965
- State Ex Rel. Fisher v. ShermanOhio Supreme Court · 1939