Bosard v. City of Grand Forks
North Dakota Supreme Court
Appeal from District Court, Grand Forks county; Fisk, J. Action by J. H. Bosard against the city of Grand Forks. Judgment for plaintiff. Defendant appeals. A contract with a city is void, which is entered into without prior provision therefor in the appropriation bill and tax levy.
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Appeal from District Court, Grand Forks county; Fisk, J. Action by J. H. Bosard against the city of Grand Forks. Judgment for plaintiff. Defendant appeals. A contract with a city is void, which is entered into without prior provision therefor in the appropriation bill and tax levy. Engstad v. Dinie, 8 N. D. 1, 76 N. W. 292; Roberts v. City of Fargo, 10 N. D. 230, 86 N. W. 726; City of Fargo v. Keeney, 11 N. D. 484, 92 N. W. 836. The retention of the fruits of the contract does not subject the corporation to liability. Goose River Bank v. School Twp., 1 N. D. 26, 44 N. W. 1002, 26 Am. St. Rep.…
1Opinion of the CourtEngerud, J.
Action to recover the reasonable value of professional services which -the complaint alleges were performed by the firm of Bosard & Bosard at the request and for the benefit of the city of Grand Forks, and which claim was assigned to plaintiff, who is a member of the firm. The answer denies the performance of any services, and further denies any liability on the part of the city, on the ground that, if any- services were rendered pursuant to any request of any of the officers of the city, such employment was void for want of authority in the officers to create any liability *589against the city.…
2Cases cited2 opinions
- Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
- Zottman v. City & County of San FranciscoCalifornia Supreme Court · 1862
3Cited by7 opinions
- Rolette State Bank v. Rollete CountyNorth Dakota Supreme Court · 1928
- Trinity Hospital Association v. City of MinotNorth Dakota Supreme Court · 1956
- Williams v. City of FargoNorth Dakota Supreme Court · 1933
- Ogren v. Crystal Springs School District Number 29 of Kidder CountyNorth Dakota Supreme Court · 1925
- Scott v. City of JamestownNorth Dakota Supreme Court · 1928
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