State, Ex Rel. v. Cleve

Two main questions are made by the record in this case. They are (1) does the relator have legal capacity to sue; and (2) does the petition state facts sufficient to constitute a cause of action?

It is clear from the uncontroverted facts in this case that the relator was acting merely as agent for others in the purchase of water for property owners in the city of Cleveland; that he was reimbursed by these owners for sums paid by him for water, and that he has in fact no pecuniary interest in water rates charged by or paid to the city of Cleveland. Generally, agents have no implied power to…