Corinth to Gulf Highway v. Carothers & Co.

Citations

• 129 Miss. 645
• 92 So. 696

Syllabus

<p>Counties. Supervisors can only contract as provided by law; and contract must be evidenced by order on minutes; board cannot bind county for contracts not let on advertisement, to lowest bidder; board can-» not consent to decree having effect of making new contract not in accordance with statute.</p> <p>The board of supervisors of a county can only contract as provided by law, and such contract must be evidenced by an order entered upon its minutes. Section 361, Code of 1906 (section 3734, Hemingway’s Code), requires certain contracts to be made only on advertisement and to the lowest bidder, and as to such contracts the board cannot bind the county by a contract unless the statutory conditions are complied with; and the board cannot, as to matters coming under the purview of this statute, consent to the entry- of a consent decree in a suit in chancery having the effect of making a new contract and bind the county as to such contract not made in accordance with the statute, and a decree so entered is void.</p>