Thomasson v. Grace Methodist Episcopal Church

Citations

• 113 Cal. 558
• 45 P. 838
• 1896 Cal. LEXIS 825

Syllabus

<p>Religious Corporation — Power to Contract — Unauthorized Act of Secretary.—The secretary of a religions corporation has no inherent power to bind the corporation by entering into a contract in its name and behalf for the improvement of a street in front of its corporate property. The authority to make such contract is vested in the trustees of the corporation, and can only be exercised by them in their collective capacity, or by such agents, real or ostensible, as they have accredited, or, by their conduct, are deemed to have accredited.</p> <p>Id.—Repudiation of Contract—Acceptance of Benefits.—The corporation cannot be held liable on such unauthorized contract of its secretary, on the ground that it had accepted its benefits, if, in fact, it expressly repudiated the contract, and the work done under it proved wholly worthless.</p>