Ohio State Reports Volume 33

Ohio State Reports Volume 33

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879 edition. Excerpt: ...between them and the contractor, as to what was to be done and what was not to be done. If a dispute arose, upon a settlement of accounts, between contractor and board, as to whether a piece of work was ordered or not, perhaps the board might fall back upon their contract, and ask, " Where is your written order?" But suppose there was no dispute, suppose the board agreed that they did order the work, and it was done as ordered, it would be a strained defense for. them to say, there could be no recovery because there was no written order. If, then, the Written orders were only for the protection of the board, why might they not be Waived when the necessity for them ceased. In County of Randolph v. Post, 93 U. S. 502, it is held: " It would be an unreasonable restriction of the rights and powers of a municipal corporation to hold that it can not waive conditions found to be injurious to its interests." In this case a county in Illinois had subscribed to the stock of a railroad, and was to issue bonds i11 payment of the subscription, provided the road was done by a certain date. This date for completion was subsequently extended, and it was held that the county was authorized to Waive this condition, as to the time of completion, and that the bonds were valid. ' And other cases may be cited Where parties acting under statutory authority depart therefrom, and are yet held bound by their acts. In case of the United States, contracts made by the secretary of War must be in Writing (12 Stat. at Large, 411); and yet, when such Written contracts are made, they are sometimes departed from in those very particulars Where Writings are most important, and yet the government has been held bound. As where a contract was made for...show more

Product details

  • Paperback | 248 pages
  • 189 x 246 x 13mm | 449g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236983971
  • 9781236983978