Putnam v. Board of Commissioners

Citations

• 102 Ohio St. (N.S.) 45

Syllabus

<p>Pleading — Conditions precedent in contract — Defects in petition cured by answer and reply — County commissioners — Contract for road improvement — Stipulation reserving supervision and control of work — Formal action or record unnecessary, when — Oral direction tq postpone work.</p> <p>1. Where a defect in a petition, to which a motion or a demurrer has been erroneously overruled, consists in the omission to plead the performance of a condition precedent in a contract sued on, or that such performance was prevented by the defendant, and it appears from the record that the omitted facts were properly put in issue by the answer and reply, and that the defendant has not been prejudiced, the judgment will not be reversed on error.</p> <p>2. Where there is a valid contract in existence between a board of county commissioners and a contractor for the construction by the latter of a public road, which contract reserves to the commissioners and their engineer the direction, supervision and control of the work in a manner specifically detailed in the contract itself, directions given by the board, or its engineer, under such reserved power, are not required to be entered on the minutes, or to be in writing, in the absence of express provisions in the statute or the contract to that effect.</p>