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· 5/7/1907

Thomas v. State ex rel. Gilbert

Citations

  • 76 Ohio St. (N.S.) 341

Syllabus

<p>The court having affirmed validity of act — And subsequently decided act void — Authorizing certain public contracts — The contracting party is entitled to compensation for performance— Rendered before action challenging validity of law — Lazo of contract — Tax inquisitor contract.</p> <p>This court having affirmed the constitutional validity of a legislative act passed to authorize contracts for services to be rendered to the public, and such a contract having been entered into and services performed toward its execution, the party performing them is, notwithstanding our subsequent decision that the act is constitutionally void, entitled to receive the stipulated com' pensation for such services as he has performed before the filing of the petition in an action which challenges the validity of such contract, this court not having in the meantime qualified or overruled the decision upon which the party relied.</p>

Judges: Crew, Davis, Price, Shauck, Spear, Summers

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