Hill County v. Shaw & Borden Co.

Citations

• 225 F. 475
• 140 C.C.A. 523
• 1915 U.S. App. LEXIS 2115

Syllabus

<p>1. Counties ©=3113-— Contracts eor Supplies—Statutes.</p> <p>Kev. Codes Mont. § 2897, requiring the county commissioners to contract with a newspaper of general circulation published within the county for tlie county printing, including blanks and blank books, is a prohibition against contracting with any other than a newspaper of the county, nud any contract in, derogation thereof is void.</p> <p>[Rd. Note.—For other cases, see Counties, Cent. Dig. §§ 174-180; Dec. Dig. ©=>113.]</p> <p>2. Contracts ©=3l38—Invalidity—Quantum Meruit—Trover.</p> <p>Where a contract for the purchase oí property which has been converted by the buyer is merely malum prohibitum and did not contravene public policy, and no penalty was imposed for a violation of the statute, there could be a recovery on a quantum meruit or oí the property itself or in trover.</p> <p>I Ed. Note.—For other cases, see Contracts, Cent. Dig. §§ 681-700; Dec. Dig. ©=>138.]</p> <p><S=>For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>3. Counties <@=>129—Contracts for Supplies—Liability.</p> <p>A county which, without complying with a statute directing the county commissioners to contract with some newspaper of general circulation published in the county for supplies, procures supplies for keeping county records elsewhere and appropriates them, is liable for conversion thereof independent of the contract.</p> <p>[Ed. Note.—For other cases, see Counties, Cent. Dig. §' 197; Dee. Dig. ■§=>129.]</p> <p><§=x>For other eases see same topic & KEY-NUMBER in all Key-Numhered Digests & Indexes</p>