City of Eufaula v. McNab

— The general principle of law is. set-tied, beyond controversy, that tbe agents, officers, or even city council, of a municipal corporation, can not bind the corporation by any contract which is beyond tbe scope of its powers, or entirely foreign to tbe purposes of tbe corporation, or which (not being in terms authorized) is against public policy. The doctrine grows out of the nature of such institutions, and rests upon reasonable and solid grounds. The inhabitants are tbe corporators — tbe officers are but tbe public agents of the corporation. Tbe duties and powers of tbe officers or public…