17 Wash. 438 | Wash. | 1897
The opinion of the court was delivered by
Plaintiff brought this action to recover damages for the breach of a contract in writing executed to the board of county commissioners'by the defendants, the body of which is as follows:
“ We, the undersigned, freeholders of said county and state, bind ourselves that in case block 23 in Thomas Coupe’s plat of Coupeville, Wash., is chosen by your hoi£orable body as a court-house site, that a good and sufficient warranty deed will be given to Island county for said block 23 without expense to the county.”
The complaint, in addition to certain formal allegations,
It appeared by the complaint that the defendants were not the owners of the block aforesaid, and it is contended by them on this appeal that the complaint does not state sufficient facts for the reason that it does not contain an allegation that the owners of the property had not deeded the same to the plaintiff. It does not appear that this objection was specifically urged in the lower court under the general objection that the complaint did not state sufficient facts, conceding that it was within the scope of such objection as made. Against the objection in this form
The defendants’ principal reliance is placed upon the invalidity of the contract. We are of the opinion that the authorities are in the main against them. The commissioners, as individuals, were to derive no benefit under this agreement whatever, and consequently the offer was in no sense a bribe to them to influence their judgment in selecting a location. The offer was to the éounty and the benefit accrued to the public. We see nothing in the offer of a free site for a public building making it contrary to public policy. Thompson v. Board, 40 Ill. 379; Odineal v. Barry, 24 Miss. 9; State Treasurer v. Cross, 9 Vt. 289 (31 Am. Dec. 626); Wells v. Taylor, 5 Mont. 202 (3 Pac. 255); Dishon v. Smith, 10 Iowa, 212; Hopkins v. Upshur, 70 Am. Dec. 375. When the site was selected the agreement on the part of the county was performed, and it became the duty of the defendants to cause a good and sufficient deed of the site to the county to be delivered to the commissioners.
[Reversed and remanded for a new trial.
Dunbar, Anders, Peavis and Gordon, JJ., concur.