Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1892-01-21

Metal, company by adopting the
Looms resolatioa without yea aad
nay yote?
9. Does Il require two-thrds vote
OF neabess-elect 20 enter into ary con
trac. Wherein an expenditure Of money
= recesssryg II yes 10 the answer en-
the first and second questions. and TO
on the third question. then
:. Could the board of supervisors be
held Liable for damages 10 the Fenton
Metallic company II tho resolution
offered January Is. is92, by Mr. Looms
Was adopted.
y D.--fhs contract has not as yet
been signed by the chairman and cie,s
OF the board.
Supervisor skeels asked the follow
ing question:
Is Kent county legally obliged to
enter into contract with the Fenton
Metallic company for the furnishing of
the vault fixtures for the new court
hoases
Supervisor Gould asked the follow.
ing vuestIons:
l. Should the Board rescind its ac-
ton on vague rumors Of fraud, and il
should turn out that these rumors we're
untrue. would not the effect be TO
make the county liable for all the dam
ages they would sustain. including the
profit which they would have made on
the contract if they had been allowed
to perform it,
:. The contract with the Fenton
company Is for furnishing vault fix
tures which are movable and personal
in their nature. They can be moved
from one Office or vault the same as
chairs or desks. The above being true,
Is it necessary to have . two.thirds
vote Of the members elect of the,
Board to purchase said Office furniturcs
(Sec, 4S4, Howelps Statutes.)
3. Assuming that the county think
they can prove the disputed fraud,
would it not be in = better position if
they should let the Fenton company
perform their contract and then re-
fuse to pay until there should be an
adjustment, amicably or by litigation,
of the damages occasioned by the dis-
puted fraud?
4. Supposing the Board of Supervis-
ors should rescind its previous action
without the consent of the Fenton COM
pany, and re-let the contract to outside
bidders. would not the county be in q
position where it would have two out
standing contracts for the same thing,
and liable TO pay both contractors tao
full amount of damages?
To the Honorable Board of Supervisors
of Kent County:
/. The advertisement for bids for
vault fixtures, the proposal of the Fen
ton Metallic Co. to furnish the same
and the proceedings of your committees
and body relative thereto, constitutes a
contract to furnish and place in use
the proposed work, and is valid and
binding on both parties, unless, as has
been previously explained, the Board
of Supervisors have been defrauded OF
n,isled in a material matter by tt.
Fenton Metallic company.
The proposal by the county to &c
ceive bids was intended to affect lega
relations. IL was the offer OF con
tract. It's terms were snfficien to on
able court to say what the agreemen
was. Its acceptance by the Fentor
Metallic company was sufficiently Ger
tain and the subsequent action of the
Board of Supervisors was simply . re
afiirmance of It's original proposal, and
constituted, IN my opinion, q valid
agreement, subject to be rescindet
only upon the ground of fraud or mis-
take. The Chairman and Clerk of the
Board have no discretion in the mattel
bnt to carry out the will of the Boar,
ia drafting the agreement purposel,
entered into upon the terms proposed
and accepted.
.. The contract was not awarded !
the Feuton Metallic Co. by the passins
OF any isolated resolution. All tn
proceedings of the Board and Its com
mittees relative thereto, and the actor
of the Fenton Metallic company. whel
taken together CONSTITUTES the contrac!
This contract that is now entered into b
the county and the Fenton Metalli
company is an agreement TO enter int
q contract, the details of which hav
been agreed upon, and the condition
of which have been already determid- :,
10y the Board.
3. Whether such contract nigh. b
entered into In the frs. instance with
out vote of two-thirds of all the men
bers elected, is not now open to que.
ton:
]. Because the awarding of this cor
tract is but step in . proceeding ds
signed to complete contract previous
! Iy and legally entered into. but tn
fulfilment OF which on the part OF tn
Western Construction company VIC
deemed by the board impossible or in
expedient. IL 10 incidental only To III
man object already formally actc
upon by the board, and requires u
greater majority than the purchase Z
|. supplies for the use of the clerk, she
III. or court, or even for the Board ,
Supervisors Itself.