Miller v. Board of Education
California Supreme Court
Appeal from the District Court of the Sixth Judicial District, Sacramento County. . Action to recover money due upon, a contract. The plaintiff constructed a school house for the defendant. W. H. Hill was Superintendent of Common Schools of the City of Sacramento and J. W. Avery was a member of the Board of Education."
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Appeal from the District Court of the Sixth Judicial District, Sacramento County. . Action to recover money due upon, a contract. The plaintiff constructed a school house for the defendant. W. H. Hill was Superintendent of Common Schools of the City of Sacramento and J. W. Avery was a member of the Board of Education." While the defendant was indebted to the plaintiff on the contract, Avery presented to Hill a bill for lumber furnished the plaintiff', amounting to fourteen hundred and fifty-two dollars and fifty cents, and Hill, acting for the plaintiff paid it, and charged it to plaintiff as…
1Opinion of the Court
By the Court, Niles, J.:
It is urged by the appellant that “ the ratification relied upon was a single act, and if void in part was void as to the entire bill, even if there had been an intention on the part of Miller to ratify the act as to some of the items;” and an instruction to that effect was asked by the plaintiff and refused by the Court. The vice of the instruction lies in the assumption that the ratification was void at all. Hill had paid to Avery more than plaintiff had intended to authorize him to pay, and the ratification of this act by the plaintiff was made under the mistaken…
2Cited by3 opinions
- Dean v. ParkerCalifornia Supreme Court · 1891
- Sharpe v. National BankSupreme Court of Alabama · 1888
- Mitchell v. Board of EducationCalifornia Supreme Court · 1902