Smith County v. Mangum

Citations

• 127 Miss. 192
• 89 So. 913

Syllabus

<p>1. Counties. Entry of order on minutes of board of supervisors necessary to validity of contract for bridge construction.</p> <p>Where a board of supervisors, proceeding under section 361, Code of 1906 (section 3734, Hemingway’s Code) through one of its members, awards the contract for the building of a bridge, and fails to enter an order upon its minutes to this effect, there is no express contract entered into for'this work, and the county is not liable therefor.</p> <p>3. Counties. Order on minutes necessary for contract for public works.</p> <p>Under this section the only way a board of supervisors can malee a contract for pubii'c works is by an order spread upon its minutes, and in the absence of an order there is no express contract.</p> <p>3. Counties. County cannot be bound by implied contract under statute.</p> <p>Under this section of the Code only an express contract is contemplated, and the county cannot, as to the subject-matter covered by it, be bound by an implied contract.</p>