Austin Manufacturing Co. v. Ayr Township

Citations

• 17 Pa. Super. 419
• 1901 Pa. Super. LEXIS 330

Syllabus

<p>Road law — Duties of supervisors— Qontraet — Act of May 24, 1887, P. L. 202.</p> <p>When the business of township supervisors requires deliberation, consultation and judgment, all of the supervisors should be convened because the advice and opinions of all may be useful; but more cannot be expected in townships having but two supervisors than that they shall honestly confer with each other and fairly deliberate in the interest of the taxpayers before they attempt to bind the township by their action.</p> <p>In an action upon township orders signed by the two supervisors of the township, and given in payment for a road machine, the case should be submitted to the jury where the evidence clearly shows that the two supervisors conferred together in regard to the purchase of the property, and after two hours’ public test in the presence of a number of taxpayers agreed in deliberate consultation that the road machine was of the kind and quality as represented by the plaintiff’s agent, and that in their judgment it was adapted for use on the roads under their supervision. The evidence is sufficient to warrant a jury in finding that the supervisors made the contract after such deliberation as the law expects and requires.</p>