State ex rel. Huston v. Esswein

Citations

• 20 Ohio C.C. Dec. 515
• 11 Ohio C.C. (n.s.) 225

Syllabus

<p>COUNTIES — JUDGMENTS AND DECREES — PRINCIPAL AND SURETIES.</p> <p>Taggart, Donahue and Craine, JJ.</p> <p>1. Judgment fob Defendants Affikmed upon Single Valid Defense.</p> <p>A judgment for defendants should be affirmed, if among the defenses interposed there were any one that was valid, or if there be any other sufficient reason under the law for sustaining the judgment.</p> <p>2. PREREQUISITES TO RECOVERY UPON BOND FOR FAITHFUL PERFORMANCE OF CONTRACT with County.</p> <p>Failure to aver in an action against a contractor and his sureties for damages for failure to complete a contract entered into with county commissioners, (1) that the contract relied upon was one of binding force and effect, (2) endorsement of the contract by the prosecuting attorney in compliance with Rev. Stat. 799 (Lan. 1763), and (3) performance of all the other prerequisites to a complete and valid contract, precludes any recovery thereon by the county. Such prerequisites are not for the benefit and protection of the sovereign power alone, but they are of the-essence of the contract, which without them becomes null and void.</p> <p>[Syllabus approved by the court.]</p>