Sexton v. County of Cook

Citations

• 114 Ill. 174
• 28 N.E. 608

Syllabus

<p>1. Contract with a county—of the mode—by whom—delegation of authority by county board—as to work done outside of contract—ratification by payment. The county board of Cook county, in July, 1877, passed this resolution: “Resolved, that the contractor on the new court house, P. J. Sexton, be and he is hereby instructed to build as much of the foundation of the dome, under the supervision of the architect, as is necessary to inclose the building, subject to the architect’s valuation of the same:” Held, that, this resolution, when accepted by Sexton, constituted a contract for the building of a portion of the foundation of the dome.</p> <p>2. The county board alone has power by law to bind a county by contract. There is no such power in an architect, or a committee appointed by the' board, unless it has been bestowed by the county board. But the authorized body of a municipal corporation may, by a resolution or vote, clothe its officers, or agents, or committees, with power to act for it.</p> <p>3. Where a county board, by resolution, directed a party to build so much, of the dome of a court house being erected as was necessary to inclose the building, under the architect’s supervision, and subject to his valuation of the same, it was held, that the architect, under such resolution, had authority only to supervise the work directed to be done, and make a schedule of prices for the same, and that any order of the architect for work outside of the terms of the resolution was not binding on the county.</p> <p>4. A county board, by resolution, employed a contractor to build so much of the foundation of a dome for a court house as was necessary to inclose the building, the foundation being regarded the part below the ground, and the joint committee, and architect employed to supervise, afterward ordered the contractor to fill in the wall up to the main water-table or level of the first story floor, which was done, and the work paid for, and the architect and committee the