231 P. 250 | Okla. | 1924
This action was instituted by the plaintiff for recovery of the value of supplies sold and delivered to the county clerk of Tulsa county, on a contract entered into by and between the plaintiff and the county clerk as the purchasing agent for the board of county commissioners. The plaintiff, in support of the contract sued on, proved the passage of a resolution by a prior board of county commissioners, designating the county clerk as the purchasing agent for the board. In the trial of this cause judgment went for the plaintiff for the amount sued for, and the defendant has appealed the cause to this court for review. The authority of the board of county commissioners to designate some person to act for it in the purchase of supplies for the use of other county officers in the conduct of the governmental affairs of the county, is the single question involved in this appeal. The statute places the duty on the board of county commissioners to purchase supplies for the use of other officers in the conduct of the governmental affairs of the county. The plaintiff bases its right to recover for the supplies sold, and delivered to the county clerk for use in his office, on a contract made and entered into between the plaintiff and the county clerk. The plaintiff proved the passage of a resolution by a prior board of county commissioners making the county clerk the purchasing agent for the board, as the authority for the county clerk to enter into the contract sued on herein. The question as to the person or body to represent and act for the county in the purchase of supplies for the use of the county officers in the discharge of their official duties, *261
was subject-matter for the consideration of the Legislature. The Legislature, in considering the person or body to act in this capacity has seen fit to designate the board of county commissioners as the purchasing agency for the supplies required by the county officers. There is no provision made by statute for the board of county commissioners to delegate this power and duty to some other person or county officer. In order for the plaintiff to recover in this action, on the contract entered into with the county clerk, the burden rests on the plaintiff to show that the contract rests upon some express or implied provision of the law. Board of Comr's of Noble County v. Whitney,
The defendant in error urges the plea of equitable estoppel to support its judgment. There is a distinction between the acts of an agent within his general powers but in violation of some special instructions, and the acts of an agent entirely beyond the scope of his powers. This is particularly true in the latter instance because the powers which may be exercised by the county clerk were prescribed by statute. The plaintiff and the agent were equally informed by public statute as to the extent of the agent's powers. Baltimore v. Reynolds,
Therefore, it is recommended that this cause be reversed and remanded with directions to dismiss the plaintiffs' action
By the Court: It is so ordered.