City of Bryan v. Page & Sims

Citations

• 51 Tex. 532

Syllabus

<p>Municipal corporations—Contract.—The charter of the city of Bryan provides for the exercise by ordinance of the power to employ legal counsel “for the assistance of the common council, and to prosecute in behalf of the corporation in criminal cases, and to institute and defend civil suits in their behalf.” In the absence of an ordinance providing for the exercise of this power, the mayor of the city employed attorneys to give a legal opinion touching matters involving the interests of the city, which was afterwards read at a meeting of the council, in connection with other opinions, and acted on. In a suit against the city by the attorneys for professional services : Held—</p> <p>1. The power of the city being limited by the charter, it could not make a valid contract except in pursuance of an ordinance.</p> <p>2. The city could not be bound by an implied contract.</p> <p>3. The subsequent use made of the opinion by the common council created no legal obligation on the city.</p> <p>4. The attorneys were bound to know the limitations on the authority of the city officials, and rendered the service at their own hazard.</p>