26 Minn. 1 | Minn. | 1879
In a former action between these parties, the question was presented to this court, on appeal therein, as to the validity of the note in controversy in this action. Upon the facts therein stated, it was held invalid for want of consideration, for the reason that it was given solely upon an unauthorized sale of logs from plaintiff to defendants, made by an agent of the former, by which no title or interest whatever in the property was transferred. 24 Minn. 332. Since then, and before the commencement of this action, the state, by legislative enactment, has duly and fully ratified and adopted the act of its agent Harriman in making the sale and taking the note, and the question now before us relates to the legal effect of this ratification. It is 'objected that it is ineffective for any purpose, because a contract void as prohibited by statute cannot be made good by a subsequent statute. While this is true as to acts and contracts made absolutely void and prohibited by law because of their illegal character, and as being contra bonos mores, the rule has no application to the facts of this case. Giving credit on the sale of logs, or taking notes in payment, is not prohibited by any law or statute. The act of Harriman as the agent of the state, in giving credit
In respect to the other point suggested by the defendants, in respect to the character of the plaintiff’s title to the property which it sold to the defendants, it is fully answered by the case of Schulenberg v. Harriman, 21 Wall. where it was held that the legal title, of the state to the lands from which the logs in question were taken was an absolute one, and that a stranger to the grant under which the state holds its title, cannot raise any question upon the non-performance of any of the subsequent conditions contained in such grant. The same doctrine is also explicitly held in Baker v. Gee, 1 Wall. 333.
Order affirmed.
G-ilfillan, C. J., on account of illness, did not sit in this case.