Western Wheeled Scraper Co. v. Butler Township

Citations

• 24 Pa. Super. 477
• 1904 Pa. Super. LEXIS 215

Syllabus

<p>Public officers — Supervisors—•Townships—Deliberate action of supervisors.</p> <p>While a single supervisor may bind the township' in a matter merely ministerial, he cannot do so where the business requires deliberation, consultation and judgment. In such a case the supervisors'should -consult and deliberate together, and though they-do not unite-in opinion, a majority may act when there are more-than two. Neither-the degree of consultation, nor the extent of deliberation can be defined,, as they depend upon the circumstances of each case; and in townships haViiig but two supervisors, more cannot be expected than that they shall honestly confer with each other, and fairly deliberate in the interest of the taxpayers before they attempt to bind the township by their action.1</p> <p>One supervisor cannot commit his experience and business judgment to his colleague and delegate to him the power to think and act in his stead.</p> <p>The question whether the township shall buy a new road scraper, or exchange the old one for a new one, or repair the old one, is a matter, not merely ministerial, but is one involving consultation and deliberation, and cannot be decided by one supervisor without consultation on his part with the other supervisor, there being only two for the township.</p>