Smith v. Daffin

• Decision Date: 14 June 1934
• Citation: 155 So. 658,115 Fla. 418
• Parties: SMITH v. DAFFIN et al.
• Court: Florida Supreme Court

155 So. 658

115 Fla. 418

SMITH v. DAFFIN et al.

Florida Supreme Court

June 14, 1934

Suit by S. A. Daffin and others against J. D. Smith and others. From a decree in favor of the complainants, the defendant named appeals.

Decree reversed, and cause remanded in accordance with opinion.

BROWN J., and THOMAS, Circuit Judge, dissenting.

For dissenting opinion, see 155 So. 796. Appeal from Circuit Court, Jackson County; D J. Jones, judge.

COUNSEL

Wm. W Flournoy, of De Funiak Springs, and John H. Carter and John H. Carter, Jr., both of Marianna, for appellant.

Carter & Pierce, of Marianna, for appellees.

OPINION

DAVIS Chief Justice.

This was a suit for injunction brought by certain taxpayers of Jackson county to restrain the payment and the making of provision for payment to appellant J. D. Smith of any money on a certain contract that Smith had consummated with the county commissioners concerning the building by the state road department of approaches to Victory Bridge across the Apalachicola river. The pleadings show that in so far as Smith, the appellant, is concerned, the contract on his part was fully executed prior to the institution of the taxpayer's suit for injunction. It is also made to appear that, by the execution of such contract on Smith's part, the taxpayers of Jackson county received an actual benefit of $109,494.92 through this amount of saving on the cost of constructing approaches which would have been borne by the county of Jackson had Smith not successfully performed his undertaking under the contract to 'induce or compel' the state road department to comply with an alleged agreement it had made to finish the Victory Bridge by building the disputed approaches in accordance with the original plans of the state road department.

The circuit court entered the following decree, from which this appeal has been taken:

'This cause coming on for final hearing upon the pleadings and the evidence, and the Court having heard the argument of counsel for the respective parties and being now advised of its opinion;

'It is ordered, adjudged and decreed, That the equities are with the Complainants and that the Complainants are entitled to the relief prayed for in the Bill of Complaint. The Court finds that the contract entered into between the Board of County Commissioners of Jackson County, Florida, and the Defendant, J. D. Smith, dated December 12, 1922, a certified copy of which contract is attached to the bill of complaint marked Exhibit 'A', and the Power of Attorney executed by the Board of County Commissioners of Jackson County, Florida, dated December 12, 1922, purporting to appoint the Defendant J. D. Smith, Attorney in Fact for the County of Jackson, a certified copy of which Power of Attorney is attached to the Bill of Complaint marked Exhibit 'B' were each entered into by the said Board of County Commissioners without authority of law and are each invalid because they are each unauthorized by the laws of Florida, and are each beyond the powers of the said Board of County Commissioners.

'The Court finds that there were no representations made by the defendant, J. D. Smith to said Board of County Commissioners to induce the making of the contract as alleged in the Bill, but that the said Board and the defendant, J. D. Smith, acted in good faith in making the same.

'It is therefore, ordered, adjudged and decreed, That the said instruments are each null and void, and the Defendants, Lee M. Gause, as Chairman, H. E. Shores, Lee McMillan, J. T. Sapp and O. L. Olive, as members of and constituting the Board of County Commissioners of Jackson County, Florida, and their successors in office be, and they are hereby forever enjoined and restrained from levying any taxes on the real and personal property in Jackson County, Florida, with which to pay the defendant, J. D. Smith, any sum of money under or on account of said contract and from paying said Defendant any sum of money under or on account of said contract, and that the Defendant, J. D. Smith, be, and he is hereby forever enjoined and restrained from receiving from the said Defendants, Lee M. Gause, as Chairman, H. E. Shores, Lee McMillan, J. T. Sapp and O. L. Olive, as members of and constituting the Board of County Commissioners of Jackson County, Florida, and their successors in office, any sum of money under or on account of said contract.

'It is further ordered, adjudged and decreed, That the Complainants do have and recover of and from the Defendants Jackson County & J. D. Smith in equal proportions the costs of this suit as taxed by Order of this Court, the Court reserving jurisdiction of this cause for the purpose of taxing said costs, and ordering execution therefor.

'Ordered, adjudged and decreed, at Chambers, Chipley, Washington County, Florida, by the Judge of the Ninth Judicial Circuit of Florida, sitting in the place and stead of the Judge of the Fourteenth Judicial Circuit of Florida, disqualified, this September 26, 1930.

'D. J. Jones

'Judge Ninth Judicial Circuit of Florida.'

Whatever may have been the nature of enforceability of the contract in its executory status is immaterial to the disposition of the present appeal. Here this court has before it a suit brought with regard to the executed contract against the officials of the county and one who performed his contract after he had contracted with it in good faith and without fraud, as the chancellor below in his final decree...