Attala County v. Mississippi Tractor & Equipment Co.

• Decision Date: 23 February 1932
• Docket Number: 29860
• Citation: 139 So. 628,162 Miss. 564
• Parties: ATTALA COUNTY v. MISSISSIPPI TRACTOR & EQUIPMENT CO
• Court: Mississippi Supreme Court

139 So. 628

162 Miss. 564

ATTALA COUNTY v. MISSISSIPPI TRACTOR & EQUIPMENT CO

No. 29860

Supreme Court of Mississippi

February 23, 1932

Division A

Suggestion Of Error Overruled March 21, 1932.

APPEAL from circuit court of Attala county HON. J. F. ALLEN, Judge.

Action by Mississippi Tractor & Equipment Company against Attala County. From a judgment for plaintiff, defendant appeals. Reversed and rendered.

Reversed, and judgment here for appellant.

James T. Crawley, of Kosciusko, for appellant.

Even if the delivery was made, and the court holds that the evidence is sufficient so to show, then the county contends that the purchase was not, made in accordance with the law.

A member of a board of supervisors cannot go out in the open market and without any competitive bidding or without any evidence to the contrary being shown, buy from any one from whom he pleases various merchandise, articles of machinery or equipment or things necessary for repairs of road work without first having sought from various persons competitive bids.

It takes an affirmative act of the board within the scope of its authority, evidenced by an entry on its minutes, to bind the county on a contract; and when thus made, the contract is not to be varied, any more than created by mere silence of a portion of the board and the mistaken assertions of others.

Bridges & Hill v. Board of Supervisors, 58 Miss. 817.

The board of supervisors of a county in making expenditures on and awarding contracts for public work must observe statutory requirements.

Leflore County v. Cannon, 81 Miss. 334.

A new contract not spread on the minutes of the board is invalid.

Northern Drainage District v. Bolivar County, 71 So. 380.

The powers and authority of the board of supervisors is limited strictly to those conferred by statute.

Adams v. First National Bank, 103 Miss. 744.

All contracts made by the board of supervisors in violation to any of the provisions of the law shall be void.

State v. Vice, 71 Miss. 912.

If it can be said that a road foreman of a district or a county may go out into the open market and buy the various and sundry articles that are necessary to repair the road machinery of the county without regard to whom he buys them from, and without regard to competitive bidding, then the taxpayers over the state at large are entitled to have the court so pronounce the law, in order that the Legislature of the State of Mississippi at its next sitting may remedy this situation.

Niles Moseley, of Jackson, and D. H. Glass, of Kosciusko, for appellee.

Section 6362, Code 1930, provides for the appointment of overseers of public roads. Paragraph C, section 6363, Code 1930 in regard to the duties of overseers provides: to make immediate temporary repairs, etc.

All expenses of making the emergency repairs or for the emergency protection of road and bridge property, authorized and required to be done by overseers under the foregoing section shall be paid by the state highway department for state highways actually maintained as such, and by the board of supervisors out of the proper fund for those roads and bridges not under the maintenance of the state highway department; Provided that said expenses have been reasonable in amount and reasonable in point of emergent necessity.

Section 6364, Code of 1930.

If the emergency is such that repairs must be done or be begun within three days the member of the board of the district may order the work done, or contract for the same, with the same effect as if done by the board.

Section 6365, Code of 1930.

The board of supervisors has authority to do any and all things necessary to be done to work, construct, reconstruct and maintain the public roads, etc.

Section 6381, Code of 1930.

All contracts by boards of supervisors for any public work not otherwise specifically provided for, where the amount of the contract shall exceed one hundred dollars, shall be made upon at least three weeks public notice by advertisement in a public newspaper of the county.

Section 239, Code 1930.

Section 246, provides that any member of the board of supervisors may act in cases of emergency.

The board of supervisors, at every one of its regular meetings had full knowledge of and approved such purchases and at various times, by making payments on these accounts has recognized their correctness and validity and, in addition to that, two of the supervisors have approved in writing the two accounts in controversy, and same have...