5 Me. 319 | Me. | 1828
delivered the opinion of the Court.
The question reserved at the request of the plaintiffs’ counsel, is whether the law implies a promise on the part of the defendant to pay for certain extra work by them done on the vessel, which the jury have found was beyond the terms of the contract, and such as the defendant, as agent, had no right to require. They have found that what,»
The application of these principles is perfectly familiar in those cases where a man is professedly acting in his own behalf, and receives the benefit which is the consideration of promise implied. The point of inquiry is whether the law is the same when the man is acting in a certain transaction as an authorized' superintendent, but in some particular in his demand, exceeds his authority, and yet receives no advantage whatever from those services, for the payment of which it it is contended the law raises a promise; as in the case under consideration.
The terms of the contract, the character in which the defendant was connected with and acted in the transaction we are examining, and, of course, the nature and extent of his authority, were all equally well known to both parties. Both must have supposed that the defendant considered himself as requring no more than he had a right to require, because, after some dispute, his requisitions were complied with. He was the person appointed by consent of all concerned, to superintend the building of the vessel, and see that she should be built in all respects in conformity to the contract. It is not pretended- that in the discharge oi his duty he did not act fairly and faithfully. On the contrary, the proceedings of the plaintiffs in applying to Congress for some allowance, shew that they did not rely on any engagement or liability on the part of the defendant. From these facts tve do not perceive on what grounds a promise can be implied by law. The defendant was in some respects a judge, in business of that kind, and was so considered; and surely his honest opinion and
The jury having negatived the promise alleged, and the facts, as reported, affording no'gróund on which the law will imply a promise, we will merely add that the defendant cannot be adjudged answerable in this action. We have given an answer to each of the arguments which have been urged by the plaintiffs’ counsel, though we might have omitted it; because some of them could have no bearing upon the facts before us; for it must be distinctly remembered,' that the defendant was never the agent on the part of the United States to make a contract with any one ; but was merely constituted, by consent of the -plaintiffs, au agent for the purpose of superintending the execution of a contract, which had been previously made between them and Mr. Collector llsley.
We are all of opinion that there must be
Judgment on the verdict.