F. C. Austin Manufacturing Co. v. Ayr

Citations

• 31 Pa. Super. 356
• 1906 Pa. Super. LEXIS 219

Syllabus

<p>Townships — Supervisors—Contract—Road machine.</p> <p>The purchase of a road machine by township supervisors is a deliberative as distinguished from a purely ministerial act, and is governed by the general rule applicable to such acts.</p> <p>In an action against a township to recover the price of a road machine, the plaintiff makes out a prima facie case for the jury where he shows that the two supervisors met and conferred with regard to the machine, and after inspecting it and observing the manner in which it worked, agreed between themselves to accept it, and did accept it, gave their note on behalf of the township for the price, and that thereafter the machine remained in possession of the township.</p> <p>In such a case the plaintiff is not bound, in the first instance, to go further and adduce express evidence that the supervisors discussed the matter before them for determination, or that they expressed their views one to the other regarding the many things it was their duty to consider before taking such action, or that each did, in fact, honestly, fairly, deliberately, and adequately consider the interests of the taxpayers and inhabitants of the township.</p>