62 Iowa 448 | Iowa | 1883
We think that the petition shows a cause of action and that the demurrer should have been overruled,
As to whether the board of supervisors had at the time of the plaintiff’s employment the power to sell the particular land in question, we do not inquire. They may have had, and, under the averments of the petition, they must have assumed to have. It was for them to know whether they had or not. The plaintiff was supposed to know simply their general power. ITe was not, we think, supposed to have knowledge of specific facts upon which the exercise of their power depended.
The question is raised in argument, though not in the demurrer, as to whether the petition should not have shown
Reversed.