Beal v. City of Roanoke

Citations

• 90 Va. 77
• 17 S.E. 738
• 1893 Va. LEXIS 13

Syllabus

<p>1. Municipal Corporations — Delegation of authority. — City Council cannot delegate to a committee its authority to sell the city’s real estate.</p> <p>2. Idem — Pursuance of Authority. — Where council referred petition for purchase of such estate to “the Sewer Committee and the city solicitor with power to act,” such committee cannot bind the city by a contract to sell without the solicitor’s concurrence.</p> <p>3. Specific Performance — Relief conformable to bill. — Where the bill alleges contract with defendant to sell plaintiff real estate in fee, and the proof is of a contract for “the right to erect a building on it.”</p> <p>Held :</p> <p>Specific performance cannot be decreed.</p>