Perry v. Cheboygan
| Citation | 55 Mich. 250,21 N.W. 333 |
| Court | Supreme Court of Michigan |
| Decision Date | 19 November 1884 |
| Parties | PERRY v. CHEBOYGAN. |
Error to Cheboygan.
Jas. J. Brown, for plaintiff.
Geo. W Bell, for defendant.
This action was brought by plaintiff to recover from defendant for services as member of the board of water commissioners of the village of Cheboygan for one year from August 1, 1882, and also for extra services outside of duties as water commissioner. The declaration was the common counts in assumpsit. A bill of particulars was filed, showing items from May, 1880, to April, 1883, amounting to $805.15. This includes one item without date for "services as member of the board of water commissioners of the village of Cheboygan for one year, from August 1, 1882, to August 1 1883, inclusive--$500." The plea was the general issue and notice that plaintiff had received $50 in full accord and satisfaction of all claims and demands. Plaintiff recovered $166.25. It was proved on the trial that plaintiff, on the eleventh day of July, 1882, was appointed a member of the board of water commissioners of the village of Cheboygan by the common council of the village; that plaintiff is an engineer and mechanic; that immediately after his appointment he entered upon the duties of his office; that the water-works were nearing completion when he was appointed. After his appointment and during the year they were completed, tested, and accepted. The extra services charged for consisted of the personal labor and superintendence by the plaintiff of work at various times in connection with the constructing and completing the water-works, a portion of which required mechanical skill and were worth in the aggregate from $116.25 to $249.50; that when any mechanical work had to be done, the plaintiff did it, or superintended the doing of it.
Plaintiff testified on cross-examination: On the third day of July, 1883, plaintiff sent in a bill of $10 to the council, for services for one year as a member of the board, which was allowed and paid. The amount was a mistake. Plaintiff intended to send in a bill for $100, and July 17, 1883, he sent in another bill for $90. This was referred to the committee on claims and accounts, who, in turn, referred it to the board of water commissioners, and they recommended its allowance; but the council only allowed it at $50, which amount was paid to the plaintiff. Plaintiff testifies that there was no understanding or agreement that he should take the $50 by way of compromise, and he did not accept it in full settlement of his claims against the village.
The defendant was incorporated under the general law for the incorporation of villages. How.St. c. 81. The only provision contained in this chapter relative to the compensation of village officers is in section 2825, which reads as follows The charter authorizes the village to construct and maintain water-works for supplying the village with water, and the council is authorized, by the passage of proper ordinances, to provide for the appointment of a board of water commissioners, consisting of three members, "to take the charge and management of such water-works in the manner and to the extent which shall be provided in the ordinances of the village." The ordinance under which the board of water commissioners was appointed, and under the provisions of which the board acted and derived its authority, and under which the water-works for Cheboygan village were constructed, is numbered 26, and entitled "Relative to the appointment of commissioners of water-works and the duties of such commissioners;" the first, eighth, and eleventh sections of which provide and read as follows ...
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