Campbell v. Tennessee Valley Authority

421 F.2d 293 (5th Cir. 1969)

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Nature of the Case

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Facts

Campbell (P) entered into an oral contract with the director of the TVA (D) technical library to reproduce 13 sets of technical trade journals on microfilm at $90 per roll. The director had no such authority to make such a purchase for D and entered into the agreement with P without the knowledge of his superiors. D did the work and produced 336 rolls and delivered them to D. The charge for the work was to have been $30,240. The cartridges were placed into use and were available for two months when they were returned to P stating that there was no contract and that the director had no authority to enter into the deal and that the price of the end product was excessive. D refused to pay. P sued D on an express contract. D motioned for summary judgment on the grounds that the director had no authority. P then amended his complaint for a recovery based on quantum meruit. The trial court gave the judgment to P for $30,240. D appealed.