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Remedies Keyed to Tabb, 8th
Rockingham County v. Luten Bridge Co.
Citation:
35 F.2d 301 (1929)Facts
On January 7, 1924, Rockingham County’s board of commissioners voted three-to-two to award Luten Bridge Company a contract for bridge construction. Political controversy ensued, and Commissioner Pruitt, who voted for the contract, resigned on February 11, 1924. The clerk accepted his resignation and appointed Hampton as replacement. The reconstituted board, consisting of Hampton, Martin, and Barber, held regular meetings and on February 21, 1924, passed a resolution declaring the contract invalid and directing the clerk to notify plaintiff to cease work. At that time, only approximately $1,900 in labor and materials had been expended. Additional resolutions in March, April, and September reiterated the county’s position. Despite receiving these notices, Luten Bridge Company continued construction and sued for $18,301.07 for work completed through November 3, 1924. Three former commissioners filed an answer admitting liability without board authorization.
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