Kavanaugh v. City of Wausau
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Marathon county: W. C. SilvebthoeN, Circuit Judge. ‘ Action to recover tbe purchase price of a horse alleged to have been sold and delivered to defendant by plaintiff, for . $100. Plaintiff filed his claim with the city clerk, for action by defendant’s common council. The claim was disallowed upon the report of the comptroller that the horse was not as-represented.
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Appeal from a judgment of tbe circuit court for Marathon county: W. C. SilvebthoeN, Circuit Judge. ‘ Action to recover tbe purchase price of a horse alleged to have been sold and delivered to defendant by plaintiff, for . $100. Plaintiff filed his claim with the city clerk, for action by defendant’s common council. The claim was disallowed upon the report of the comptroller that the horse was not as-represented. An appeal was then taken to the circuit court,, where formal pleadings were filed. Plaintiff alleged a sale and delivery of the horse to the city at the agreed price of $100, the…
1Opinion of the CourtMaesiiall, J.
The motion of appellant’s counsel for a verdict was based on the theory that the action of two members of the committee, in contracting for the horse without notice to their associate or opportunity for him to participate-in the matter, was not valid. The motion was overruled on the theory that a committee of a governing body intrusted to do a particular thing of a public nature, though requiring-the exercise of judgment, may act when a majority of its members are present and concur; and that when action is thus taken there is a conclusive presumption that all essen-*615t-ials to tbe validity…
2Cases cited13 opinions
- Emery v. StateWisconsin Supreme Court · 1899
- Downing v. RugarNew York Supreme Court · 1839
- Green v. MillerNew York Supreme Court · 1810
- People v. KnappCalifornia Supreme Court · 1886
- Towns of Groton & Ledyard v. HurlburtSupreme Court of Connecticut · 1852
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3Cited by20 opinions
- Johnson v. StateWisconsin Supreme Court · 1906
- State ex rel. Van Straten v. MilquetWisconsin Supreme Court · 1923
- Andrzejewski v. Northwestern Fuel Co.Wisconsin Supreme Court · 1914
- Roys v. First National BankWisconsin Supreme Court · 1924
- Schutz v. StateWisconsin Supreme Court · 1905
15 more not listed; retrieve them via the Exa API.