State ex rel. Coleman v. Board of County Commissioners

Citations

• 77 Kan. 540
• 95 P. 392
• 1908 Kan. LEXIS 300

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Collection of Taxes ■ — Ultra Vires and Against Public Policy. A contract by which a board of county commissioners undertakes to employ a private person or firm to render services in aid of the collection of taxes, which services the statute makes it the duty of certain township and county officers to render, is ultra vires, against public policy, and void.</p> <p>2. -Recovery upon a Quantum Meruit — Notice of Illegality. A person who has entered into such a contract with a board of county commissioners, and has, in part, rendered the specified services, is presumed to know the illegality of the contract and that his performance of the services is against public policy. He cannot recover therefor on a quantum meruit.</p>