Board of Supervisors v. Patrick
Mississippi Supreme Court
Error to the Circuit Court of Benton County. W. D. Bradford, Judge. 1. Express power is given to boards of supervisors to erect court-houses, by the Code of 1871, § 1368. The clerk shall keep a complete and correct record of their proceedings. Id. § 1361. The action of the board can only be evidenced by an entry on its minutes, in term time. An express contract by it can be proved in no other way.
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Error to the Circuit Court of Benton County. W. D. Bradford, Judge. 1. Express power is given to boards of supervisors to erect court-houses, by the Code of 1871, § 1368. The clerk shall keep a complete and correct record of their proceedings. Id. § 1361. The action of the board can only be evidenced by an entry on its minutes, in term time. An express contract by it can be proved in no other way. Grump v. Board of Supervisors of Golfax County, 52 Miss. 107; Code of 1871, §§ 1388, 1389, 1391, 1394, 1395. 2. The extra work was not authorized, either verbally or in writing; nor can a contract…
1Opinion of the CourtSimball, C. J.
G. W. Patrick and John T. Price, under the firm name of Patrick & Price, became the lowest bidders on the contract to erect and complete the court-house in Benton County, according to specifications on file; and the contract was awarded to them. The board appointed a commissioner to superintend the work. After the building had been completed, Patrick & Price presented a claim to the board of supervisors, for something over $2,000, for extra work and material; that is, work not included in the contract and specifications. The claim was rejected. An appeal was taken to the Circuit Court, and…
2Cases cited2 opinions
- Crump v. Board of SupervisorsMississippi Supreme Court · 1876
- Taylor v. Marion CountyMississippi Supreme Court · 1875
3Cited by6 opinions
- Smith County v. MangumMississippi Supreme Court · 1921
- Groton Bridge & Manufacturing Co. v. Warren CountyMississippi Supreme Court · 1902
- Pearl Realty Co. v. State Highway CommissionMississippi Supreme Court · 1934
- Dixon v. Greene CountyMississippi Supreme Court · 1899
- Corinth to Gulf Highway v. Carothers & Co.Mississippi Supreme Court · 1922
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