Page 615

• Format: Text
• Language: unknown
• Published: North Dakota State Library
• Subjects: Politics & Government; Abbott; Bird Island; Sav’
• Online Access: http://cdm16921.contentdm.oclc.org/cdm/ref/collection/p16921coll3/id/33244

35 NORTH DAKOTA REPORTS Appeal from District Court of Ward County, K. E. Leighton, J. Reversed. Bosard & Twiford, for appellant. The subject-matter of the contract in question was within the power of the board of village trustees. Comp. Laws 1913, § 3861. An illegal contract may be ratified by a subsequent performance of the acts or conditions requisite to the making of a legal contract. Abbott, Mun. Corp. § 282; Denver v. Webber, 15 Colo. App. 511, G3 Pac 804; Illinois Trust & Sav. Bank v. Arkansas City, 34 L.R.A. 518, 22 C. C. A. 171, 40 U. S. App. 257, 76 Fed. 271 Gutta Percha & Rubber Mfg. Co. v. Oglalla, 40 Neb. 775, 42 Am. St. Rep. 696, 59 N. W. 513; Darling v. Manistee, 166 Mich. 35, 131 N. W. 450; Swenson v. Bird Island, 93 Minn. 336, 101 N. W. 495. Palda & Aaker and I. M. Oseth, for respondent. The contract entered into between the plaintiff and the village officers was ultra vires and void. Comp. Laws 1913, § 3868. A public corporation cannot evade the statutes and arrogate to itself greater authority than conferred by statute, by the simple expedient of pretending to ratify the ultra vires act. 26 Cyc. 676, et seq. Biedzell, J. This is an action by W. S. Nott Company against the village of Sawyer, founded upon four warrants amounting, in all, to $850. By stipulation the case was tried without a jury. The facts are, briefly, as follows: That during the month of April, 1910, plaintiff company proposed to sell to the defendant village some fire apparatus for $850, that on the 11th of April the board of trustees of the village adopted a resolution purporting to accept the proposal of the plaintiff company, and on the same date executed a contract with the plaintiff for the purchase of the apparatus. On Mry 2, 1910, two petitions were presented to the board 'of trustees of the village, each signed by the owners of more than five eighths of the taxable property. One petition authorized the board to incur a debt or liability of $1,500, or to issue bonds therefor, for the purpose of purchasing fire apparatus. The other petition purported to authorize the board to incur a debt by issuing refunding bonds to the amount of $2,000, for the purpose of fundiug existing indebtedness. The board of trustees of the village subse quently submitted the questions of issuing bonds for the purposes stated