119 P. 1002 | Okla. | 1911
By act of the territorial Legislature, entitled "An act to regulate printer's fee for public printing," which took effect December 25, 1890 (sec. 3060, Wilson's Rev. Ann. Stat.; sec. 3443, Comp. Laws 1909), it was provided that the officer whose duty it is to have the publication of a legal notice made, shall pay "for publishing list of land upon which taxes are delinquent, each description twenty cents. For publishing each *861 description of town lots on which taxes are delinquent, ten cents." By Act March 8, 1895, the foregoing act was in part repealed. The later act provides that the treasurer of the county shall give notice of the sale of real property by the publication thereof for three consecutive weeks in some paper in the county, and provides further that:
"The county treasurer shall charge and collect, in addition to the taxes and interest and penalty, the sum of twenty-five cents on each tract of real property, and ten cents on each town lot advertised for sale, which sum shall be paid into the county treasury, and the county shall pay the cost of the publication, but in no case shall the county be liable for more than the amount charged to the delinquent lands for advertising." (sec. 6021, Wilson's Rev. Ann. Stat.; Comp. Laws 1909, sec. 7636.)
This act empowers the county treasurer to contract with any newspaper of the class mentioned therein to publish the delinquent tax list (Allen Rixse v. Co. Commr's ClevelandCo.,
The demurrer to the petition was sustained by the trial court upon the ground that the petition discloses on its face that the claim of plaintiff is barred by the statute of limitations. There was no express agreement between the county treasurer and plaintiff in error as to what it should receive as its compensation for publishing the list, or when it should be paid. The list, however, was published upon the request of the county treasurer, the officer of the county authorized to contract and bind the county therefor, and the services were rendered as prescribed by the statute. Under such circumstances, there is an implied promise upon the part of the county to pay the reasonable value of the services rendered, not exceeding, of course, the limitation upon the amount fixed by the statute; but section 1253 of Wilson's Rev. Ann. Stat. (sec. 1611, Comp. Laws 1909), provides:
"No account against the county shall be allowed unless presented within two years after the same accrued. Provided, that if any person having a claim against the county be (at the time the same accrued) under any legal disability, every such person shall be entitled to present the same within one year after such disability shall be removed."
There is no claim in this case that any legal disability has ever existed. *863
"Under an ordinary contract for services for a stated period, whether long or short, no time for payment being agreed upon, the right of action accrues immediately upon the completion of the term of service." ( § 120, Wood on Limitations [3rd Ed.])
The same rule applies to an implied agreement for payment.Blake, Adm., v. Pratt,
All the Justices concur.
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