Toledo v. National Supply Co.

OPINION

By WILLIAMS, J.

The contention of plaintiff in error is that the original written lease was absolutely void because the provisions of §56.25-33, GC, were not complied with, for the reason that no certificate was placed on file as therein required and that under the doctrine in City of Wellston v Morgan, 65 Oh St, 219, there is no implied municipal liability in matters ex contractu at the present time and has been none since the passage of the act of April 8, 1876, (73 O. L., 125) part of which has been carried into and made a part of the present §5625-33 GC.

The city paid all of the…