Washington Reports Volume 40
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. 1906 edition. Excerpt: ... We think the trial court's judgment should be sustained. Under the statute, appellant was entitled to a refund only in consideration of its doing work in the road district equal in value to the amount of the tax paid in. It is urged by appellant that it acted in good faith and that the fraud was on the part of respondent's ofiicial, the road supervisor; that said ofiicial was the only one authorized to issue certificates; and that, when he did so, appellant had a right to rely upon it. Under some circumstances, the argument would be sound. But its weakness here lies in the fact that this road supervisor was not only an oflicer of the county in this transaction, Oct. 1905 Opinion Per Roor, J. but he was also the agent of appellant. The $221.71 was paid by appellant to Thompson as its agent and not to him as road supervisor. The contract to do the work was with him as its agent and not as a public official. Neitherthe county, nor its road supervisor, in such capacity, was a. party to the contract between appellant and Thompson, as an individual. As an ofiic-ial, Thompson had no authority, actual or apparent, to enter such a contract. Ordinarily, an innocent party acting in good faith may rely upon the actions of a public official (except in the exer cise of certain governmental functions) within the apparent scope of his authority, and may hold the municipality liable for such acts of its oflicial. But here the appellant is not, in contemplation of law, an innocent party. Thompson was its agent. As such, he knew that the work had not been performed when he executed and delivered the certificate. He knew that he was p'erpetrating a fraud. A knowledge of all this being possessed by appellant's agent, must, as a matter of...
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