Bartelson v. International School District No. 5
North Dakota Supreme Court
Action to recover in equity moneys due and unpaid in tbe construction of a sebool building in excess of tbe constitutional debt limit. From a judgment in favor of tbe .plaintiff in District Court, Burke County, Leighton, J., defendant bas appealed. Tbe claim of plaintiff as to tbe amount of $4,295.90 being in excess of tbe constitutional debt limit, is void, and tbe plaintiff cannot recover. N. D. Const. § 183; N. D. Comp.
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Action to recover in equity moneys due and unpaid in tbe construction of a sebool building in excess of tbe constitutional debt limit. From a judgment in favor of tbe .plaintiff in District Court, Burke County, Leighton, J., defendant bas appealed. Tbe claim of plaintiff as to tbe amount of $4,295.90 being in excess of tbe constitutional debt limit, is void, and tbe plaintiff cannot recover. N. D. Const. § 183; N. D. Comp. Laws, § 2218. One who makes an agreement with another in contravention of an express statute or constitutional provision is a particeps criminis; and one who contracts with…
1Opinion of the CourtBronson, J.
This is an action to recover the amount due a contractor for the construction of a high school building in a school district in Burke county, North Dakota. The facts are stipulated. In May, 1913, pursuant to an election theretofore held so authorizing, the board of education made a contract with the plaintiff to erect a high school building for the contract price of $24,000. Accordingly, the building was constructed and its value, as stipulated since completion, is $30,-000. The plaintiff has received $19,769.10. There is a balance due and unpaid of $4,295.90, with interest. In 1914 an action…
2Cases cited6 opinions
- Litchfield v. BallouSupreme Court of the United States · 1885
- McGillivray v. Joint School District No. 1Wisconsin Supreme Court · 1901
- Goose River Bank v. Willow Lake School TownshipNorth Dakota Supreme Court · 1890
- Engstad v. DinnieNorth Dakota Supreme Court · 1898
- Anderson v. International School District No. 5North Dakota Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lang v. City of CavalierNorth Dakota Supreme Court · 1930
- Herr v. RudolfNorth Dakota Supreme Court · 1947
- Schieber v. City of MohallNorth Dakota Supreme Court · 1936
- Rural Special School District No. 50 v. First National BankSupreme Court of Arkansas · 1927
- Jones v. Brightwood Independent School District, No. 1North Dakota Supreme Court · 1933
2 more not listed; retrieve them via the Exa API.