Rindge v. Lamb

A selectman, by accepting bis office and performing its duties, with knowledge of and without objecting to the price which the town has voted to pay for selectmen’s services, makes a valid contract to accept that price in full payment.

Assumpsit, to recover for over-payment to tlie defendant for liis services as selectman of Bindge. At the annual meeting in 1864, under a proper article in the warrant, the town voted that the selectmen be paid $1.50 for each day’s services. From 1864 to 1875 the selectmen charged and were paid for their services at that rate, their accounts being audited and allowed, by vote of the town, at the end of each year. Tlie defendant was one of the selectmen in 1874, and charged and received pay for his services at the rate of $1.50 per day, his account being allowed by vote of the town at the annual meeting in 1875. He was one of the selectmen in 1875, and, with the other selectmen, charged, for making the extra appraisal of real estate and for perambulating the town lines, more than $1.50 per day, and for all other services as selectman $1.50 per day, for which they drew their orders on the town treasurer and received payment therefor. At the annual meeting in 1876 the town voted not to allow the account. The excess received by the defendant above $1.50 per day was $33.25. The defendant offered to show that the selectmen, as the financial agents of the town, acted in good faith, and used tlioir judgment in fixing the price of their services ; also, what his services as selectman were reasonably worth; and that his services, in making the extra appraisal of real estate and in perambulating the town lines, were reasonably worth all that he was paid for them. The court held, that, in view of the evidence of the plaintiffs, which was conceded by the defendant to be true, the evidence offered by the latter would be no defence to the action, and excluded it, and the defendant excepted. A verdict for the plaintiffs for $33.25 was thereupon taken by consent, subject to the opinion of the whole court.