130 Ga. 649 | Ga. | 1908
(After stating the facts.)
It appears from the plaintiffs’ petition that it was part of the contract that they were to receive for their services five per cent, of the contract price of the building; and this material portion of the contract is not in writing and on the minutes. To permit a county to be held liable on a contract when a material part of it is in parol, and only part of it in writing and on the minutes, would defeat the object of the statute. To meet the requirements of the statute above referred to, all the material portions of the 'contract actually made should be in writing and on the minutes; and if the county employs any one to perform services and a price is agreed upon, this should appear in the contract on the minutes.