Koch v. Oil City

Citations

• 47 Pa. Super. 248
• 1911 Pa. Super. LEXIS 143

Syllabus

<p>Municipalities — Board of health — Contract—Furniture for emergency hospital.</p> <p>1. A municipality cannot resist payment for furniture delivered to it for use in an emergency smallpox hospital, on the ground that no formal order had been given for thé goods to the seller by the health officer, where it appears that the goods were delivered at the hospital, were suitable for the purpose intended, were of proper price, and had been used by the city and taken from one hospital to another, without any offer to return them. . ■</p> <p>2. Where a person without authority previously delegated purchases goods for another, and the latter receives the goods, although in ignorance of the act of assumed agency, he must either disaffirm the act of the agent, and return the goods, or pay the seller their market value.</p>