Horn v. Kittitas County
U.S. Circuit Court for the District of Washington
Action at law to recover damages for breach of a contract on the part of Kittitas county to issue and sell bonds to the amount of $81,000 for funding the county debt.
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Action at law to recover damages for breach of a contract on the part of Kittitas county to issue and sell bonds to the amount of $81,000 for funding the county debt. Demurrer to complaint on the ground that a condition in the contract requiring the purchasers to cause a suit to be brought against the county, and prosecuted to a final determination in the supreme court of the state, for the purpose of testing the validity of the proposed bonds, was contrary to public policy, and made the contract void. Demurrer sustained.
1Opinion of the Court
HANFORD, District Judge.
A statute of this state authorizes any county to issue bonds to a limited amount for the purpose of *2funding its indebtedness. See Laws 1889-90, p. 37. The complaint alleges, as the plaintiff's cause of action, that the board of county commissioners of Kittitas county, under authority conferred by the statute referred to, ordered an issue of funding bonds to the amount of $81,000, and advertised for bids for the proposed bonds; that the firm of Farson, Leach & Co. were the highest bidders, and their bid was accepted by the board, upon a condition, however, that the…
2Cases cited2 opinions
- Lord v. VeazieSupreme Court of the United States · 1850
- Williams v. ShoudyWashington Supreme Court · 1895
3Cited by19 opinions
- Harwood v. CommissionerUnited States Tax Court · 1984
- Commissioner of Internal Revenue v. ProcterCourt of Appeals for the Fourth Circuit · 1944
- Sherwood & Roberts—Yakima, Inc. v. LeachWashington Supreme Court · 1965
- Foster v. Cunard White Star, Ltd.Court of Appeals for the Second Circuit · 1941
- Jorgensen v. Pennsylvania Railroad Co.New Jersey Superior Court Appellate Division · 1955
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