Town of Mt. Vernon v. Patton

Citations

• 94 Ill. 65

Syllabus

<p>1. Towns—power to matte contract to prosecute and defend suits. The statute confers upon towns at their annual town meetings the power to provide for the institution and defence of all suits in which the towns are interested, and a town meeting may properly exercise that power by resolution directing the supervisor to procure legal services, and such a contract will be binding on the town when the amount agreed to be paid is not so great, in view of the interests involved, as to indicate bad faith.</p> <p>2. Bill or exceptions—presumption in favor of ruling below. If, where the proceedings of a town meeting authorizing the employment of counsel are offered in evidence against the town, the record fails to show that they were not signed by the moderator, or that any objection was made on that ground, and they are admitted, it will be presumed that they were properly verified and admitted, unless the contrary is shown by the bill of exceptions.</p> <p>3. Contract—recovery when performance prevented. Where an attorney properly employed by a town to perform legal services, being ready and willing to perform the contract, is prevented from doing so by the proper officers of the town, he will be entitled to recover under the contract.</p>