Bright v. Ruthenian Greek Catholic Congregation

Citations

• 246 Pa. 156
• 92 A. 131
• 1914 Pa. LEXIS 487

Syllabus

<p>Corporations — Religious corporations — Contracts — Ultra vires Contracts — Ratification—Evidence—Points for charge.</p> <p>1. A religious corporation has the incidental or implied power to do whatever is reasonably necessary to accomplish the purposes for which it was incorporated and may, therefore, acting through its properly constituted officials, erect a church building.</p> <p>2. The fact that the officials of a religious corporation have exceeded their powers in making a contract for the construction of a church building without the assent of a majority of the congregation as required by the charter will not preclude recovery for the labor and materials furnished where it appears that the contract made by such officials was ratified by the church officials, trustees, building committee and congregation and by the acceptance and use of the church when erected, by the congregation.</p> <p>3. In an action of assumpsit to recover for work done and materials furnished in and about the construction of a church building, evidence was introduced to show that defendant congregation had entered into a written contract with certain contractors for the construction of the building; that when the building was partly erected, the contractors were discharged; that on the day of the discharge, the president, secretary, treasurer, four or five of the trustees and several members of the congregation entered into a verbal contract with plaintiff to complete the building and affirmed their action by a written notice signed by them and delivered to plaintiff; that plaintiff completed the edifice and that defendant corporation insured the building for $7,000 to protect plaintiff’s interest therein; that at a meeting of the officers, trustees and about thirty members representing the, congregation, defendant’s representatives agreed to pay plaintiff $200 a month until the claim was paid, and received the keys of the building, which they accepted and used thereafter. Defendant re