Jarman

Action for slander. The second amended complaint, as afterwards amended, set forth two alleged causes of action. In the first of these it is alleged that plaintiff was duly elected, in the year 1895, a member of the common council of the city of San José, and continued in said office for a period of two years; that while plaintiff was councilman as aforesaid, —to wit, on February 8, 1897,—O. S. Kelley Company, the owner of a certain steam-roller adapted to public street-work, proposed to sell the same to said city for $3,950; that on said day said proposal was by said council referred to the street committee, of which plaintiff was then chairman; that on February 24,1897, said committee, pursuant to said resolution, made report to the council, signed by plaintiff as chairman, recommending the acceptance of said proposal; that the report was, by resolution, duly adopted February 24, 1897, and by the same resolution the mayor of said city was authorized to enter into a contract on behalf of said city with said company for the purchase of said steam-roller upon the terms of said proposal; that said resolution was adopted by the unanimous vote of the council, including plaintiff; that…