93 Minn. 336 | Minn. | 1904
Appeal by plaintiff from judgment of the district court of Renville county.
In January, 1903, another election was duly called and held in said village to confer power upon the village council to establish a system of waterworks. G. S. 1894, § 1225. By an almost unanimous vote this authority was conferred by the electors and a system of waterworks thereafter established by said council. Bids for the erection of the same were invited and accepted on the basis that a well furnished by said village should be used in connection therewith, and it appears that the well so dug by plaintiff has been connected with said system, and water therefrom is about to be used.
In the original contract defendant agreed to pay the plaintiff $3.35 per foot for digging said well to an uncertain point where a suitable supply of water might be reached. Plaintiff furnished a bond in the form prescribed by chapter 354, p. 757, Laws 1895, guarantying the faithful performance of his contract, in the sum of $1,000, and filed the same with the village recorder. It was approved by the village council, but not by the treasurer, as required by said act. Plaintiff here seeks to recover upon said contract. Judgment was entered in favor of defendant upon its motion, which was based upon the complaint and admissions contained in defendant’s answer and the findings of the court upon one of the issues tendered.
Had the contract not been let to the lowest bidder after due notice, it clearly would have been void (Nash v. City of St. Paul, 8 Minn. 143 [172]), and probably incapable of ratification, but an unauthorized contract made on behalf of a municipality may be ratified. This was adjudged in Schmidt v. County of Stearns, 34 Minn. 112, 24 N. W. 358. See also Abbot v. Inhabitants, 7 Me. 118, where it was held that when one avails himself of the services done for him without his authority or request he is liable for the reasonable value thereof.
It is urged that said contract is void for the reason that plaintiff failed to comply with the terms of chapter 354, p. 757, Laws 1895. He filed a bond with the village recorder in the penal sum of $1,000, but
We are of the opinion, expressed by the trial court, that none of the issues determined by the judgment in the former action may be reviewed here. But the court erred in holding that the subsequent acts of defendant in accepting the benefits thereof did riot operate to renew and vitalize the contract.
Judgment reversed, and new trial ordered.