Board of Commissioners v. Ristine

Dissenting Opinion.

Berkshire, C. J., and Olds, J.

We are compelled to dissent from the opinion of the court, and briefly state some of the reasons which lead us to a different conclusion.

Conceding that under the law the contract alleged in the appellant’s complaint was one which it had no legal right to make, it does not follow that the appellant might not enforce it or recover upon a quantum meruit.

The guardian of the decedent might, under the circumstances, enter into such a contract, and after his ward was taken into the county asylum and cared for pursuant to the contract, it did not lie.…