County of Jackson v. Hall

Citations

• 53 Ill. 440

Syllabus

<p>1. Change oe venue — in suits where a county is a party. In a suit where a county is a party, a change of venue may be awarded to another county, as in all civil actions, when application therefor is properly made.</p> <p>2. Batieication of contract. A county court made an order for the erection of a jail, to cost not exceeding $10,000. The county judge and an associate justice of the county made a contract with certain parties, by which the latter were to build a jail at a cost of $25,000. After the building was completed, the county court, acting as such, received it and appropriated it-to the use of the county, and acknowledged that the county owed the contractors the balance due upon the contract price. This final action of the county court bound the county according to the terms o'f the contract, notwithstanding those who made the contract on behalf of the county may have exceeded their authority in respect to the cost of the building, the county court having competent authority in reference to the subject matter of the contract.</p> <p>3. Assumpsit—recovery under the common counts. Where a contract has been performed, and nothing remains to be done but to pay the money, a recovery therefor may be had under the common counts.</p> <p>4. Same — and herein, where the payment was not to be made in money. Where a party contracted to build a county jail, and to receive in payment therefor the bonds of the county, and, upon completion of the building, did receive the bonds, which were afterwards, however, repudiated by the county authorities as invalid: Held, the county having denied the validity of the bonds, the party doing the work could recover the price agreed to be paid therefor, in money, and under the common counts; the county, having repudiated the bonds, would be estopped to assert their validity so as to defeat the action.</p> <p>5. Same—must place the county in statu quo. But before a recovery could be had in such case, the plaintiff should return the b