Incorporated Town of Stonewall v. Stone

Citations

• 207 F. 540
• 125 C.C.A. 139
• 1913 U.S. App. LEXIS 1647

Syllabus

<p>JL Pleading (§ 236*)—Amendment—Discretion of Court.</p> <p>The granting or refusal of leave to amend a pleading during the trial to allege fraud is within the discretion of the court.</p> <p>[Ed. Note.—For other cases, see Pleading, Cent. Dig. §§ 601, 605; Dec. Dig. § 236.*]</p> <p>2. Municipal Corporations (§ 374*)—Contracts.</p> <p>Where plaintiff built a waterworks system for defendant town in accordance with plans and specifications furnished by an engineer employed by the town, he was not bound to inquire into the limitation on the engineer’s authority; and in an action to recover a balance due on his contract, the contract between the town and engineer is immaterial, in the absence of proof that plaintiff knew of any departure therefrom by the engineer.</p> <p>[Ed. Note.—For other cases, see Municipal Corporations, Cent. Dig. §§ 905, 910; Dec. Dig. § 374.*]</p>