Drainage District No. 1 v. Daudt
Missouri Court of Appeals
Appeal from the St. Charles Circuit Court. — Hon. E. M. Hughes, Judge. Where a contract, ultra vires a corporation, has been fully performed by either party, the other party will not be permitted to set up the illegality of the other without a return of the benefits received or the value thereof.
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Appeal from the St. Charles Circuit Court. — Hon. E. M. Hughes, Judge. Where a contract, ultra vires a corporation, has been fully performed by either party, the other party will not be permitted to set up the illegality of the other without a return of the benefits received or the value thereof. Reese, Ultra Vires (1897), sec. 191; East St. Louis v. Gtas, Etc., Co., 98 111. 415; State Board of Agriculture v. R’y, 47 Ind. 407; Hitchcock v. Gralveston, 96 U. S. 3412; Water Oo. v. Columbus, 48 Kan; 99; 15 L. R. A. 354; Foundry Oo. v. Oo. Com’rs, 115 Ind. 244; Bradley v. Ballard, 55 111. 413; 8…
1Opinion of the CourtBland, P. J.
*582Statement. *581— The respondent is a public corporation, organized under section 6517, Revised Statutes 1889, concerning swamp and overflowed lands, the object being for the drainage and protection of a considerable body of land in St. Charles county. The affairs of the corporation are administered by a board of five supervisors. From 1884 to November 14, 1896, the appellant was a member of the board of supervisors *582of the district. On January 21, 1889, the board passed' the following resolution: “On motion, resolved, that O. Daudt be appointed to look after the back taxes due this Drainage…
2Cases cited9 opinions
- Sturgeon v. HamptonSupreme Court of Missouri · 1885
- Heidelberg v. St. Francois CountySupreme Court of Missouri · 1889
- Johnson v. School DistrictSupreme Court of Missouri · 1878
- Maupin v. Franklin CountySupreme Court of Missouri · 1878
- Butler v. Sullivan CountySupreme Court of Missouri · 1891
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3Cited by2 opinions
- Dalton v. Fabius River Drainage DistrictMissouri Court of Appeals · 1945
- State Ex Rel. Walker v. Locust Creek Drainage DistrictMissouri Court of Appeals · 1934