Judges: TERRELL, J.
Attorneys: Hampton, Bull Crom, for Plaintiff in Error;
John B. Sutton, H.C. Tillman and W.F. Himes, for Defendant in Error;
Kay, Adams, Ragland Kurz, Wm. E. Kay, Thos. B. Adams, F.P. Fleming, J.S. Diver and Edwin Brobston as amici curiae.
Filed: Sep. 30, 1935
Latest Update: Mar. 02, 2020
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 473 This action was instituted by plaintiffs in error, as plaintiffs below, against defendant in error, as defendant *Page 474 below, to recover damages for the breach of a contract to construct a public road. The declaration in substance alleges that on February 27, 1925, Hillsborough County entered into a written contract with Cone Brothers, a co-partnershi
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 473 This action was instituted by plaintiffs in error, as plaintiffs below, against defendant in error, as defendant *Page 474 below, to recover damages for the breach of a contract to construct a public road. The declaration in substance alleges that on February 27, 1925, Hillsborough County entered into a written contract with Cone Brothers, a co-partnership..
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In so far as the county is concerned, in my opinion there can be no implied liability, not only because the Board of County Commissioners were purporting to act for the petitioner, or the district to be paved, and the total cost being assessed upon the abutting lots, but because we have expressly held that any contract of this nature, involving more than $300.00, made by such a Board
without compliance with the competitive bidding statute (Sec. 2191 C.G.L.) is illegal and void, and being prohibited by law, no implied liability can arise from the transaction. See the recent case of Board of Public Instruction v. Cooey, 175 So. 219, and the Florida cases therein cited.
