Board of Commissioners v. A. Bentley & Sons Co.

Citations

• 103 Ohio St. (N.S.) 443

Syllabus

<p>County memorial buildings — Construction contract within author-ised expenditures- — -Subsequent obligations exhaust fund — Contractor may recover balance due, when — . Unnecessary to present claim before instituting suit, when — -Section 2460, General Code.</p> <p>1. Where a contract is entered into for the erection of a county memorial building, the consideration whereof does not exceed in amount the sum of money then in said fund unappropriated to any other purpose, the execution of subsequent contracts and payment of obligations resulting therefrom cannot prejudice the rightá of the parties to the contract first executed.</p> <p>2. The fact that such fund has become exhausted by reason of the payment of obligations arising from such subsequent contracts is not a valid defense in a suit against the county to recover the balance due- on such previously executed contract which was valid when made.</p> <p>3. The provisions of Section 2460, General Code, do not apply to such claim and an action may be maintained without first presenting the claim to the board of county commissioners for allowance or rejection.</p>