Board of Education v. Greenebaum & Sons

Citations

• 39 Ill. 609

Syllabus

<p>1. Pleading—allegation of authority of an agent. In a petition against the board of education of this State, to enforce a mechanic’s lien, it was alleged that the contract was executed on the part of the board by certain persons named, who were the building committee of the board and who had full authority to make the contract. This was a sufficient allegation that the persons who signed the contract were authorized to do so.</p> <p>2. Agent—power of a corporation to appoint. The board of education may act by an agent. The old doctrine that corporations can only be bound by acts under their corporate seal, has been long exploded.</p> <p>3. Corporate seal—whether essential. Nor is it essential that the appointment of an agent by a corporation should be under the corporate seal. The acts of a corporation evidenced by vote, written or unwritten, are as completely binding upon it, and are as complete authority to its agents, as the most solemn acts done under the corporate seal; it may as well be bound by express promises through its authorized agents as by deed; and promises may as well be implied from its acts and the acts of its agents, as if it were an individual.</p> <p>4. CORPORATE name—of the degree of accuracy required, in its use. The transposition, interpolation, omission or alteration of some of the words going to make up the name of a corporation, is not material, if it makes no essential difference in their sense.</p> <p>, 5. So where it was alleged that a contract was entered into by one of the parties by the name and style of “The State Board of Education of Illinois,” when by the act creating the corporation, the name given to it was, “ The Board of Education of the State of Illinois,” it was held, that, although the words were transposed in the contract, the name and style remained substantially the same.</p> <p>6. Pleading—averment as to the name in which, a contract was made. When a contract is made by a corporation by a name varying from the true