7 Nev. 291 | Nev. | 1872
By the Court,
It is alleged in the complaint filed in this action, that the plaintiffs are associated together in the practice of law, and that they are duly licensed so to practice both in the federal courts and those of the'state; that on the twenty-sixth day of March, a.d. 1871, they entered into a contract with the defendant, ivhereby they agreed to render and perform for it certain legal services; and the defendant undertook and promised to pay therefor the sum of one thousand dollars in gold coin of the United States; that in pursuance of such agreement, the plaintiffs, between the twenty-sixth day of March, A. d. 1871, and the third day of May of the same year, defended a certain suit in the district court of the second judicial district of the state of Nevada, in and for said county of Washoe, wherein Le.wis Hess was plaintiff, and Charles W. Pegg et als. were defendants, and upon appeal from said court to the Supreme Court of the state, which action was instituted to test the validity
The complaint was demurred to upon the grounds that it did not state facts sufficient to constitute a cause of action; the demurrer sustained and judgment for costs rendered against the plaintiffs.
It is quite evident if the county commissioners had the power to bind the county by a contract such as that counted on in the complaint, the demurrer should not have been sustained; for a contract otherwise complete and valid is set out, and the breach properly alleged. The only question to be determined then is, whether the commissioners possessed the authority so to bind the county. This
We see no other possible objection which could be made to the complaint. The demurrer should, therefore, have been overruled, and the court erred in sustaining it.
Ordered accordingly.