Moore v. Luzerne County

Citations

• 262 Pa. 216
• 105 A. 94
• 1918 Pa. LEXIS 625

Syllabus

<p>Municipal corporations — Contracts—Contracts of employment— Validity — Agent or public official — Ultra vires — Burden of proof— Retiring county commissioners — Contract to open street — Affidavits of defense — Averments—Sufficiency—Act of May 11, 1909, P. L. 606.</p> <p>1. An affidavit of defense is ordinarily to be taken most strongly against the defendant.</p> <p>2. Even aside from statutory provisions^ the requirement of certainty is not so strict where an affidavit of defense is made by one acting in a representative capacity, or by a succeeding public official, if the affiant was not a party to the contract in suit.</p> <p>3. If after giving due effect to the applicable procedural rules, it is not clear that plaintiff is entitled to recover, a rule for judgment for want of a sufficient affidavit of defense should be discharged.</p> <p>4. Ordinarily neither a public official nor a private agent can make an executory contract to take effect after the expiration of his term of office or agency; and the burden of proof is upon him who asserts the right of such official or .agent so to do.</p> <p>5. Section 11 of the Act of 11th May, 1909, P. L. 506, does not alter that principle.</p> <p>6. The building of a public road is a governmental as distinguished from a business function of the public body constructing it.</p>