Dixie Culvert Manufacturing Co. v. Perry County

• Decision Date: 23 May 1927
• Docket Number: 3
• Citation: 294 S.W. 381,174 Ark. 107
• Parties: DIXIE CULVERT MANUFACTURING COMPANY v. PERRY COUNTY
• Court: Arkansas Supreme Court

294 S.W. 381

174 Ark. 107

DIXIE CULVERT MANUFACTURING COMPANY v. PERRY COUNTY

No. 3

Supreme Court of Arkansas

May 23, 1927

Appeal from Perry Circuit Court; Richard M. Mann, Judge; affirmed.

Judgment affirmed.

Horace Chamberlin, for appellant.

Boyd Cypert, for appellee.

OPINION

HART C. J.

This is an appeal by the Dixie Culvert Manufacturing Company to reverse a judgment of the circuit court affirming the judgment of the county court disallowing its claim for materials furnished Perry County and used by it in constructing culverts.

The facts are undisputed, and the case was tried in the county court and in the circuit court upon the same facts. During the year 1926 the Dixie Culvert Manufacturing Company furnished to Perry County certain materials which were used in constructing culverts in said county. The company charged Perry County the usual price for such materials, and furnished an itemized statement of the materials so furnished. In the fall of 1926 it became apparent that Perry County would not be able to pay said company for the materials furnished. On the 27th day of November, 1926, the judge of the county court caused to be spread upon the records of the Perry County Court an order in which it is recited that it was found imperative to purchase in 1926, culverts to use in the proper drainage of the roads of the county during said year. The order recites that the county judge, in his official capacity, entered into an oral contract with the Dixie Culvert Manufacturing Company to furnish Perry County with culverts of certain grades and sizes, which are set out in detail in the order. The aggregate price of said materials amounted to $ 2,424.76. The order further recites that said county judge and said Dixie Culvert Manufacturing Company contracted for the delivery of said materials in Perry County in 1926 to be paid for in 1927 out of the road funds of said county for that year. The Dixie Culvert Manufacturing Company presented its petition to the county court of Perry County on the 17th day of January 1927, asking that its claim in the sum of $ 2,424.76 for culverts purchased by Perry County in 1926 to be paid for out of the revenues of the county for road purposes received during the year 1927. An itemized statement of the materials furnished was filed with the petition. This statement shows that the materials were furnished and were used by the county in the construction of culverts during the year 1926.

The county court found, under the facts stated, that the contract made by Perry County with the Dixie Culvert Manufacturing Company was invalid and unenforceable. Judgment was accordingly rendered, disallowing the claim. The circuit...