Moore v. Barry

Citations

• 30 S.C. 530
• 4 L.R.A. 294
• 9 S.E. 589
• 1889 S.C. LEXIS 129

Syllabus

<p>A statute authorized the county commissioners, on petition of one-third of the adjacent landowners, to contract for the drainage of streams and to assess the expenses on the property benefited thereby. Under such a petition, such a contract was made and the work done, when it was adjudged that no property had been benefited. Held, that there was no provision made by the statute for such a case, and the parties who did the work could not recover anything against the county commissioners who ordered it done, or their successors in office, or the non-petitioning land owners, but the petitioning land owners were liable as at common law, for the work ordered at their request by the county commissioners as their agents.</p>