State ex rel. Jewett v. Sayre

Citations

• 91 Ohio St. (N.S.) 85

Syllabus

<p>County commissioners — May compound or release — Claim for breach of road contract — Section 24I6, General Code — Pro tanto pay upon abandonment of road improvement — May be allowed or rejected, when — Contract of settlement irrevocable, when — Cannot be rescinded by resolution, when.</p> <p>1. The claim of a county for damages against a contractor for breach of contract for a road improvement is a debt due the county within the meaning of Section 2416, General Code, which the board of county commissioners may compound or release in whole or in part.</p> <p>2. Where a contractor wholly abandons a contract for a road improvement upon the claim that the contract is impossible of performance by reason of the nonexistence of the material required by the contract and demands pay pro tanto for the value of the material furnished and labor performed in part performance of the contract before discovering that the contract is impossible of performance, such a demand may be the subj ect of a legal claim against the county which the board of county commissioners has the authority to pass upon and allow or reject in whole or in part.</p> <p>3. Where there is a debt due the county that the board of county commissioners under authority conferred by Section 2416, General Code, may compound or release in whole or in part, and the debtor in good faith is making a claim against the county that the board of county commissioners has the right and authority to allow or reject in whole or in.part, a contract made and entered into by the board of commissioners with the debtor by which the debtor is released from the payment of all or part of the debt due the county in consideration of his releasing the county from liability for all or part of his claim against the county, is binding upon the county and the debtor alike, and neither can be released from the terms of such contract of settlement without the consent of the other contracting party.</p> <p>4. A resolution adopted by the boar