Hupe v. Sommer

Citations

• 88 Kan. 561
• 129 P. 136
• 1913 Kan. LEXIS 380

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Public Officer—Contract for Labor — Personal Liability. The language used by a public officer in making a contract in that capacity is not to be construed as imposing a personal liability upon him unless an intention to that effect is clearly shown.</p> <p>2. -Same. Where a public officer, in entering into a contract in that capacity, promises to make payment immediately upon the completion of the work, he incurs no personal liability (at least in the absence of fraud), although the statute provides that the contractor shall receive his pay from another source and after some delay.</p> <p>3. -- Same. A public officer who refuses to perform a duty, without the performance of which a just claim against the public can not be paid, is personally liable in damages to the claimant, but only to the extent of the actual loss occasioned by such refusal.</p> <p>4. - Measure of Damages. The measure of damages in such a case, where the ultimate collection of the claim has not been defeated, would ordinarily be the interest on the< amount for the time payment has been delayed.</p> <p>5. - Damages—Injunctioiv^No Defense. In an action to ‘ enforce such liability the fact that the performance of the duty in question has been enjoined by a court of competent jurisdiction is not a defense, where the claimant was not a party to the proceeding, or where the ground-of the injunction, was the failure of the officer to proceed in a proper manner.</p>