Prince v. Police Jury

Citations

• 112 La. 257
• 36 So. 342
• 1904 La. LEXIS 390

Syllabus

<p>FERRY FRANCHISE — ILLEGAL GRANT — ESTOPPEL —RATIFICATION.</p> <p>1. The act complained of and the contract attacked were illegal.</p> <p>2. Plaintiffs did not timely object on the ground of illegality; on the contrary, they had, previous to the adjudication, for five years held the right under proceedings similar to those they attack in the pending litigation.</p> <p>3. Plaintiffs were bidders for the franchise. After its adjudication they withdrew their ferryboat, and apparently accepted the change for at least 50 days.</p> <p>4. The contract has been in part executed. It was not null to a degree that estoppel does not lie. The police jury had the right to offer the ferry privilege and to have it adjudicated at public auction.</p> <p>5. Irregularities or illegalities in the manner of exercising the right which that body had the power to confer may be ratified, or may be cured by estoppel.</p> <p>(Syllabus by the Court.)</p>