Borough of Henderson v. County of Sibley
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Sibley county, Macdonald, J., presiding, sustaining a demurrer to the complaint, the substance of which is stated in the opinion. The complaint in this action asserts and is based upon the validity of the contract between the borough and the county, and asks damages for breach of that contract.
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Appeal by plaintiff from an order of the district court for Sibley county, Macdonald, J., presiding, sustaining a demurrer to the complaint, the substance of which is stated in the opinion. The complaint in this action asserts and is based upon the validity of the contract between the borough and the county, and asks damages for breach of that contract. Its averments, therefore, cannot support an action for money had and received, for such an action must be founded on the invalidity of the contract. This contract is not only ultra vires, but it is also void, because against public policy.…
1Opinion of the CourtClark, J.
This case is before us on an appeal from an order sustaining a demurrer to the complaint. The ground of demurrer urged here is that the complaint does not state facts sufficient to constitute a cause of action. The borough of Henderson is a municipal corporation, situated within the county of Sibley. The complaint, after setting forth the corporate character of the parties, alleges that on the 29th day of March, 1879, the board of county commissioners, at a meeting duly held, decided to erect a building suitable for a courthouse and county offices, on a lot of land owned by the county,…
2Cases cited3 opinions
- Pimental v. City of San FranciscoCalifornia Supreme Court · 1863
- Bingham v. Board of Supervisors of Winona CountySupreme Court of Minnesota · 1863
- James v. WilderSupreme Court of Minnesota · 1878
3Cited by24 opinions
- State ex rel. Board of Courthouse & City Hall Com'rs v. CooleySupreme Court of Minnesota · 1893
- Bell v. KirklandSupreme Court of Minnesota · 1907
- First National Bank v. Village of GoodhueSupreme Court of Minnesota · 1913
- Heywood v. Northern Assurance Co.Supreme Court of Minnesota · 1916
- Laird Norton Yards v. City of RochesterSupreme Court of Minnesota · 1912
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