*1 481 Plaintiff-Appellant STREET, FIFTY WEST BROAD Defendant-Appellee. POULSON, Second Franklin September 26, No. 3655. 1944. Decided Hugh Druggan Bennett, Columbus, plaintiff-appellant. M. for Gingher, Columbus, McNamara, & J. Paul Columbus, defendant-appellee. MONTGOMERY,J., District, sitting by desig- the Fifth place BARNES, nation in J. P.

OPINION GEIGER, By J. already opinions court rendered three has case; day October, 1943, December, 31st day April, opinions These were all ad- procedure from the trial court By dressed to virtue of to this court. permitted appeal amendments the notice of proper of the record the case is diminution now before this on the for final determination merits. court petition below, amended In the it corporation; is a Francis a member the time mentioned was at Democratic voluntary organiza- nonincorporated H. Beaton tion; prior the 12th of of the American *2 Union; the de- 12th of that on the Insurance fendant, of the Democratic state purporting to act on committee, rent- of said as chairman and executive committee space receiver, in the A. I. U. Beaton, Build- certain ed from $4800,00, rental of for an annual ing period 25 months of for a monthly of $400.00. instalments payable in possession of the into the defendant entered That the possession in the full term and premises remained and for the last five months the said lease under the rent unpaid; and is that Beaton $2000.00 due amount term the property on of De- U. did the A. I. of the as receiver cember, assign same, including the the lease of sell and defendant, It is the the asserted de- Democratic state executive not authorized w'as fendant lease, although this was not said to execute committee disclosed ant there as receiver; Beaton, breach the coven- owing plaintiff from the defendant due is and $2000.00, lease the sum of and that for the said under jurisdiction conferring controversy of the purpose plaintiff Municipal remits excess of the Court the claim $1500.00. over matters, admits certain the defendant For includ- answer the lease on ing that he executed behalf of the premises; that the committee en- possession, denies that is due but there the sum of into

tered $2000.00, sum. or is defense asserted which was later A second withdrawn. reply filed A hearing Municipal came on The matter- Court submitted to and was without the Columbus in- of tervention ant jury. The court found favor of a defend- plaintiff’s petition. dismissed assignment embracing an plaintiff filed errors eight The epitomized to which paragraphs, Municipal effect that judgment rendering on Court erred behalf of the defendant, it should found the defendant unpaid rents under the issues. liable A bill in which is exhibited question ceptions Building, A. I. U. the form is on Democratic space of certain the building. signed by Beaton, H. lease is said receiver of property premises lessor, A. I. U. committee, by Poulson, Chairman, state executive Francis lessee. occupied prem- The Democratic executive committee said period months, paying monthly ises for a of 20 therefor the in- Ralph Beaton, stalment of rent A. I. U. H. checks to Bldg., printed signa- said checks Committee, Jacobs, ture “Democratic State Executive Theda Secretary”. monthly Asst. All for such vouchers rent were in the name of the Democratic State Executive Commitee. individually It nowhere that Francis Poulson ever predecessors entered into a contract with the by agreed which he either to rent the or to of the the leaving instalments of rent. The several committee moved from month, to another location at the end paid. months of said lease for which five rents Poulson Francis had no au- thority to enter into a lease behalf of the Democratic ex- committee, and that he as ecutive said committee is for his unauthorized liable the name of principal; authorizing appoint- the ment of the defendant the executive there is no statute *3 a chairman of the executive committee under which may personal liability debt; avoid that committee, as a committee distinct from in- its obligated members was not on the lease. dividual provides party GC, 4785-65 for the control of Section com- controlling to the effect that the mittees and is com- political party shall each be state central commit- mittee of consisting by of enumerated members to be elected tee rect vote at the each the di- primaries years; held in even numbered that controlling party committee shall elect an executive com- powers may granted such as shall have be to it mittee which by controlling provided by party committee and as be law. organization provides for the 4785-64 of committees Section that the members-elect of such the effect central is to following pri- within a certain shall meet committee time temporary secretary election, mary that a chairman and proceed organize shall the committee chosen and shall be and other by a chairman officers. the election proceedings report of the state central commit- that the members of the central com- tee discloses place organization. proper time and met at One mittee committee was to the central actions of of the first unanimous- com- the state executive

ly Poulson elect Mr. as the the adopted that all to the effect A resolution-was mittee. by central committee powers in the law vested committee; delegated party an executive Democratic the executive powers possess vest- all committee have empowered to by and be central committee law in the state ed Party conduct the business session; is not central committee the state time as when powers executive, all is not session committee the state delegated committee are to.be executive to the state Thereupon Poulson announced Mr. by chairman. ercised certain mittee and vided the com- appointments officials to act pro- as upon full executive committee call a roll committee. the central selected statute was organization were Thereupon the activities chairman of largely Mr. Poulson as reposed control of the central committee neither executive the state functioning being active committee executive nor the organization. that he was urged virtue of lease in committee and the executive chairman of personally organization liable for the is now of that name the unpaid commit- the fact that executive virtue empowered into the contract and that he to enter tee was personally liable for the executive principal. name of his unauthorized his there was it nowhere As Poulson, personally Mr. made attempt bind stating committee, Mr. Beaton that inasmuch they power it was assumed that Democrats discharge money their would directly with the committee Mr. made lease Poulson chairman. its legal principles attempting to discuss ad- Without through case which it asserts vanced unpaid rents, liable the we ar- Poulson is has failed to show conclusion at the rive part upon Poulson to this defaulted rent. *4 pertinent counsel claim are cited are cases Certain They are not Ohio the court. cases and in here issues holding courts, as to the clear not are themselves authority supporting regard as of them claim of do we Lightbourne Walsh, S., are v cited N. The cases Y.

4S5 856; Goodfellow, 89, 728; Empire Y., E., McCaber v 133 N. 30 N. City Printing, Republican Inc., Campaign Fusion Com Job v mittee, S., position 265 N. Y. 450. Were the coun sel for to become to the established effect voluntary organi members-of a personally responsible zation should become for all the debts might organization, incurred impossible practically get any responsible it would be indi important political positions. vidual to assume these Such a harmony conclusion would be so out of with what is obligation understood be the a chairman of a committee that we must refuse to establish such an without convincing authority suggested by more than has been counsel assignments by plaintiff All the of error asserted are over- Judgment ruled. affirmed. JJ., MONTGOMERY,

HORNBECK and concur. et, Exrs., Appellees BATES, Appellee; BRANN, BATES Appellant; Appellees. et, HARCUM First Clinton

No. 135. Decided November