58 Wis. 402 | Wis. | 1883
The objection that the statenient of the claim which was presented to the county board for its action did
But the more important question remains to be considered, namely, Was the county legally bound by what was done to pay plaintiff for his farm ? It appears that by a resolution adopted by the board at its annual session in November, 1880, a committee of three supervisors, which had theretofore been appointed, was expressly authorized to purchase a suitable farm for a county poor-farm, provided the cost thereof should not exceed $3,000. Acting under that resolution, the committee did purchase the plaintiff’s farm for the consideration of $1,900. A deed of the land was executed by the plaintiff, which was duly acknowledged and delivered to the committee. The committee accepted the conveyance. There is no suggestion that there was any fraud or mistake in the transaction. These facts, we think, are fully established by the evidence. Was there any defect or irregularity in the proceedings which invalidated the contract? We cannot perceive that there was. There can be no just claim that the committee did not act strictly within the scope of the authority conferred by the resolution.
But it is said by the learned counsel for the defendant that the resolution attempted to delegate an authority to
But it is further said, on behalf of the county, assuming that the board could delegate to a committee the authority to purchase a poor-farm, still the purchase made was so incomplete as not to bind the county. This position is not sustained by the facts which were conclusively proven. The evidence clearly shows,— as we have said,— that the committee purchased the farm and took a deed therefor. It became an executed contract. Nothing further remained to be done except the payment of the consideration.
It was further objected that the committee exceeded its powers in purchasing wild and uncultivated lands, when ■only authorized “ to purchase a suitable farm for a county poor-farm.” It is true, this is the verbiage of the resolution, but we do not think it restricted the selection to be made to improved farms. It might not be possible to find an improved farm in a desirable locality which was adapted to the purpose intended. It might be for the best interest of the •county to make the needed improvements at its own expense; to construct the necessary buildings rather than purchase them. Consequently, the matter whether the lands acquired should be improved or not, was confided to the judgment and discretion of the committee. The committee was doubtless restricted as to price, but in no other respect.
We have considered the purchase made by the committee, and the delivery and acceptance of the deed, as constituting ■a. complete legal contract. The board subsequently took action on the report of the committee, at one time ratifying
The judgment of the circuit court must be affirmed.
By ike Oowrt.— Judgment affirmed.