Ray, Trustee v. Buel

This is an action instituted by the. representative of a materialman who furnished material to a road contractor in the improvement of a township road. The township trustees failed to follow the pro-> cedure prescribed by the statutes, one of such omis- ] sions being the board’s failure to require a bond of the contractor for the protection of materialmen, as ¡ required by the provisions of Section 2365-1, General Code. It is conceded that the contract, although it has been fully performed, was an illegal and void contract. The action is in tort, and recovery is sought against the township…