American Law Review, Volume 4Little, Brown and Company, 1870 - Law |
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Page 2
The investigation of a public officer ' s authority sometimes involves important
constitutional questions , and the want of such authority is fatal to the contract .
And in respect to remedies , there is a wide distinction between the contracts of ...
The investigation of a public officer ' s authority sometimes involves important
constitutional questions , and the want of such authority is fatal to the contract .
And in respect to remedies , there is a wide distinction between the contracts of ...
Page 3
Private agents , who as agents are held out to the public by a well - known
principle of law , will bind their principals when they act apparently within the
scope of their authority . Those who deal with them are not bound in every case
to ...
Private agents , who as agents are held out to the public by a well - known
principle of law , will bind their principals when they act apparently within the
scope of their authority . Those who deal with them are not bound in every case
to ...
Page 4
Where Congress has omitted to prescribe details , he is at liberty to make
regulations in conformity with law ; and his authority , if clearly traced , is sufficient
to bind the United States . The same principle extends to all subordinate officials
...
Where Congress has omitted to prescribe details , he is at liberty to make
regulations in conformity with law ; and his authority , if clearly traced , is sufficient
to bind the United States . The same principle extends to all subordinate officials
...
Page 6
So far as a delegated authority is within the proper scope of the authority
delegating , the United States will be bound . A contract made by an assistant
quartermaster , and approved by the chief quartermaster of a department , would
be good .
So far as a delegated authority is within the proper scope of the authority
delegating , the United States will be bound . A contract made by an assistant
quartermaster , and approved by the chief quartermaster of a department , would
be good .
Page 7
... where they had shown due diligence and reasonable skill . But it appears to be
well settled that if an official makes a government contract without authority , and
the Government is not bound , he is personally liable to the contracting party .
... where they had shown due diligence and reasonable skill . But it appears to be
well settled that if an official makes a government contract without authority , and
the Government is not bound , he is personally liable to the contracting party .
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Contents
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Common terms and phrases
action allowed amount appear applied appointed assignee authority bank bankrupt bankruptcy bill brought carrier cause charge cited claim common Congress consideration considered Constitution contains contract court creditors damages debt decided decision deed defendant discharge domicile duty easements effect English entitled evidence execution existence express fact force fraud give given granted ground Held important intention interest issue judge judgment jurisdiction jury Justice land legal tender liable LIMITATIONS Lord matter means mortgage necessary negligence notes notice opinion original paid party passed payment person petition plaintiff possession practice present principle proceedings proved purchased question reason received recover reference Reports rule ship statute suit Supreme Court taken tenant term trust United volume wife York