Western Publishing House v. Murdick

Citations

• 4 S.D. 207
• 21 L.R.A. 671
• 56 N.W. 120
• 1893 S.D. LEXIS 67

Syllabus

<p>1. An agreement in substance as follows: “Agreement between the undersigned members o£ the board of directors of the district township of Spirit Lake. * * * We, the undersigned, hereby order shipped to us, as named below, * * * four copies of Yaggy’s Anatomical Studies, * * * provided a majority of said board sign this agreement. We agree to pay for the above named goods when delivered, A. D. 1889.” — and signed by a majority of the members of said school township board in their individual names, with the addition of the respective postoffice address of each, is the individual contract of the persons signing it.</p> <p>2. An answer to an action upon such an agreement, alleging “that at the time said paper was signed, these defendants were members of the school board of' Spirit Lake township, in said county and state, and that said paper was signed by the defendants as members of said board, and in no other capacity whatever, and that tlieir act in signing said paper was never ratified by such board of said school township,” does not state facts sufficient to constitute a defense to the action.</p> <p>(Syllabus by the court.</p>