Wallace v. Mayor of San Jose

Citations

• 29 Cal. 180

Syllabus

<p>Power of Mayor and Common Council of San José to Sue.—The Mayor and Common Council of the City of San José can sue in the corporate name for the recovery of such real property as belongs to the city.</p> <p>Power of Mayor and Common Council of San José to Contract.—The Mayor and Common Council of the City of San’José have no power to enter into a contract by which the city becomes obligated to pay an attorney at a future time a sum of money, if he succeeds in placing the city in possession of certain real estate, unless there is money in the Treasury at the time to pay the same, after paying the expenses of the city government and all other demands legally due.</p> <p>Contract by San José Creating Debt to arise in Future.—The Mayor and Common Council of San José have no authority to bind the city by the creation of a debt to arise in future, unless there is money in the Treasury at the time to pay the same, after paying the expenses of the government and all other demands legally due.</p> <p>Contract op Municipal Corporation.—A municipal corporation is not bound by a contract made by its officers, unless the Act of incorporation delegated the power to make it.</p> <p>Contracting with Municipal Corporation.—Those who contract with a municipal corporation are bound to know the extent of the power of its officers.</p> <p>Evidence in Suit against San Jose.—In a suit against the Mayor and Common Couhcil of the City of San José on a contract creating a debt, the defendant may prove that at the time the contract was made there was no money in the City Treasury except what had been appropriated to pay current expenses of the city-government and its legal indebtedness.</p>