Mann v. Richardson

Citations

• 66 Ill. 481

Syllabus

<p>1. Commissioners of highways—power to submit damages for land taken for road to arbitration. Where commissioners of highways are unable to agree with the owner of land over which a highway is sought to be laid out, as to the damages to be paid him, they have no authority to submit the question of such damages to arbitration, and thus bind their town.</p> <p>2. Arbitration—of a public interest by officer. Where the law imposes a personal duty upon an officer in relation to a matter of public interest, he can not delegate it to others, and therefore, such officer can not submit such matters to arbitration.</p> <p>3. A&ekctz—personal liability where he exceeds his power. Where an agent undertakes to contract on behalf of an individual or corporation, and contracts in a manner which is not legally binding upon his principal, he will be personally responsible, as he is presumed, in such case, to know the exact extent of his authority.</p> <p>4. Officer—whether liable on contracts beyond his authority. But where an officer or public agent contracts in good faith with parties having knowledge of the extent of his authority, or who have equal means of knowledge, he will not become individually liable, unless the intent to incur personal liability is clearly expressed, although it should be found that, through ignorance of the law, he may have exceeded his authority.</p> <p>5. Thus, where commissioners of highways, in a proceeding to lay out a highway, being unable to agree with a land owner as to the damages he would sustain, submitted the matter of damages to arbitration, and executed their bond in their individual names containing an express covenant to abide by and perform the award, they having no power to bind their town in this manner, it was held, that they were not individually liable on such bond.</p> <p>6. Arbitration bond. Where parties enter into a bond conditioned that they will abide by and perform an award to be made by the persons chosen, if it be made in