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· 6/15/1876

St. Patrick's Roman Catholic Church v. Gavalon

Citations

  • 82 Ill. 170

Syllabus

<p>1. Churches—1low contracts by may be executed. Where there is no evidence before the court as to the manner in which a church contracts debts and executes contracts, and it appears that there are trustees, it will be presumed, in the absence of proof, that the trustees are empowered to make contracts and incur indebtedness on account of the church property.</p> <p>2. Chxjroh trustees—must actas a body, to bind the church. Where the trustees of a church are authorized to execute contracts for a church, they should act as a body, or delegate the power to one of their number, or ratify and approve the act of one of their number acting for- them, and unless they do so, the church, as a corporation, will not be bound. The unauthorized act of one of the trustees can not bind the church as a corporation.</p> <p>3. Where the officiating priest of a church, who is & member and chairman of the board of trustees, employs a person to work for the church, without authority from the other trustees, and the act is not ratified by them, the church is not liable.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that the landlord’s only remedy where tenant held over after lease’s expiration was the property’s “fair rental value”

Source: CourtListener parenthetical corpus (CC0).

Judges: Dickey, Scott, Sheldon, Walker

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