Dixon v. Greene County

Citations

• 76 Miss. 794

Syllabus

<p>1. Chancery Practice. Injunction. Accomplished facts.</p> <p>An injunction is inapplicable to restrain things already done.</p> <p>2. Supervisors, Board of. Contracts. New Courthouse.</p> <p>The contract of a board of supervisors for the building of a new courthouse is to be found in the orders on the minutes of the board, and such writings, like plans and specifications, as are referred to therein; and a contract so evidenced cannot be affected by a writing subsequently executed by the contractor and the members of the board.</p> <p>3. Same. Advertisements. Code 1892, § 340.</p> <p>If the advertisements for bids to build a courthouse state that it is to be built according to the plans and specifications adopted by the board for the erection of the house, it will be sufficient under code 1892, $ 340, providing that such advertisements shall distinctly state the thing to be done.</p> <p>4. Same. Right to reject all bids.</p> <p>An advertisement for bids to build a courthouse, under code 1892, ?¿ 340, providing that contracts for public works for the counties shall be let to the lowest bidder, will not be invalid because it gives notice that the board of supervisors reserves the right to reject all bids.</p> <p>5. Same. Alteration of contract. Delegation of power.</p> <p>A board of supervisors cannot empower a superintending board to alter or amend its contract; the board cannot delegate such power, b ut must act itself.</p> <p>6. Same. Compromises. Variation of plans.</p> <p>If a contractor, in building a courthouse, vary from the plans and specifications, made part of his contract, it is competent for the board of supervisors to compromise and adjust the matter with him, and pay for the house actually erected.</p> <p>7. Same. Case.</p> <p>If a contract for the erection of a courthouse p’rovide for a slate roof, and the contractor put a tin roof on the house, the board of supervisors can be enjoined from paying for the building until the matter is adjusted or the