State ex rel. Hunt v. Fronizer

Citations

• 77 Ohio St. (N.S.) 7

Syllabus

<p>Contract executed with county for building bridges — Void under Section 2834b, Revised Statutes — Action under Section 1277, Revised Statutes, to recover money paid by county under contract — Offer to put contractor in statu quo, necessary, when.</p> <p>Section 1277, Revised Statutes, which authorizes a prosecuting attorney to bring action to recover back money of the county which has been misapplied, or illegally drawn from the county treasury, does not authorize the recovery back of money paid on a county commissioners’ bridge contract fully executed but rendered void by force of section 28346, because of the lack, through inadvertence, of a certificate by the county auditor that the money is in the treasury to the credit of the fund, or has been levied and is in process of collection, there being no claim of unfairness or fraud in the making, or fraud or extortion in the execution of such contract for such work, nor any claim of effort to put the contractor in statu quo by a return of the bridge or otherwise, the same having been accepted by the board of commissioners and incorporated as part of the public highway.</p>