Town of Madison v. Newsome

Citations

• 39 Fla. 149

Syllabus

<p>1. The authority of the town of Madison to employ a night watchman was derived from section 35 of chapter 1688, acts of 1869 (McClellan’s Digest, p. 353, sec. 84), and even if the mayor is thereby given power to contract, as contradistinguished from power to appoint, he can exercise such power only with the consent of the town council.</p> <p>3. Persons dealing with an agent of a municipal corporation are bound to ascertain the nature and extent of the authority of such agent in all cases where the authority is conferred by statute.</p> <p>8. A. contract made by the mayor, or by the mayor and less than a majority of the council, with a porson to serve as night watchman for one year, will not bind the town under section 35, chapter 1688, acts of 1869, unless the making of such contract was known to and ratified or previously authorized by a majority of the town council.</p> <p>4. The ratification of a contract, to lie effective, must be made with a knowledge of all material facts.</p>