Great Falls weekly tribune. [volume] (Great Falls, Mont.) 1894-1???, 1895-06-14

s or tending to establish bad faith or
fraud on the part Of the trustees and the
! relator in any Of these transactions.
! There does not appear Il single allegation
in the answer stricken out that is incon-
%eistent with good faith and fair dealing
between the trustees and the ~relator.
1T is true that defendant alleged in his
answer, which was stricken out, on in.
formation and belief, that relator pro-
cured and induced the trustees to sell it
these bonds at private sale for he pur-
pose Of procuring them at a less price
than other investors would have paid for
the same, if valid, for the purpose Of de-
frauding the district. But this allega-
tion, on information and belief, must be
construed in the light Of the other alle-
cations in the pleadings.
1t is not denied that these bonds were
first advertised for public sale; that the
bids were all rejected, as shown by de-
PENDANTS answer
, 1t is further shown by the answer
stricken out that %relatOr, in it's private
) bid for these bonds, agreed to take them
AT par, with an added premium of
SG,S33E.
These allegations of the answer are abb
~solutely contradictory of and Inconsistent
with the allegations of fraud made
therein on Information and belief.
We see no error in the &C
ton Of the court in this regard.
The appellant contends that the school
district did not becOme indebted to or
| liable TO repay the relator the money ad-
!, vanced by it to pay warrants issued for
the construction Of a schOOl building in
said district under the contract entered
into with ~relatOr,
} This contention pro2ccGR, and is
sought to be maintained upon tAe theory
that the trustees had no authority in
law to enter into such contract with re-
latOr; that sand contract Is for that rea-
r son void, and being void, the rriator is
not entitled to recover the amount ad~
VanCed the reunder.
t The doctrine here contcrdtd for by
. appellant Is fully discussed, and a great
t many authorities collected, ia Brown VS..
The City Of Atchison, 3D., kas, 231.
From tnese authorities it acems clear
n that if in making the contract under
discussion the trustees exceeded their
authority. still there was created there
by a liability to refund the money adj
" ranced by relator under and in pursu-
. anre Of said contract. The most we
d think. tnat cAn be =a.2 IN this case is
IS that there was a Imperfect or dt %fectige
:" 49, '' II w. '~'''' - '''.'' '' @' '' hii'
part Of the trustees N thr l..-J}u4 If the
d" bonds Of the district. ltry had the au-
If thUrity under the iAW ~ issue them for
70 the purpose for winch they were issued,
,t but failed to give d sLlliClcnt notice Of
y the purpose and conditions thereof in
prDTILlLg for the erection - authorize
y their l--1a.cc. Nor 10 any bad faith or
le fraud alleged in the issuance Of said
- bonds, If thr bonds bad been declared
y gn.Iu We i.IhH 1t cO.4l hardly b. con
ten1e1 that the contract with reIHtor to
ADVANCE money On them a. r"curlty for
NJ the building uf the school house would
II have been considered ,o.0 for want of au-
thurIty !. the t%rusteea 70 MAKE the same.
And bc+lde-. the contract, 70 far aE
rtlatOT T. rDhcerneh. has been fully
" c%ecutnI. and We think the doctrir" Of
ultra viree can be Invoked with less
force here than III cases Of eXeculory
contracts. The school district secured
the benefit Of REALTORS money, advanced
in good faith, and We tank it would be
" a most iuoguitabIr and unjust holding Il
say that the district assumed no lIabt lily
on account thereof, amt that fe4atur II
left without a remedy, YLdrr the c!rcum
stances Of tins cast.
The appellant finally contends 1ha,
lie the re atDr If not rLfIt.r to recover II
a the proceeding. undo~ tte provisions Oh
~ an act Of the !"gIs.atI;", eLlItlpd, Ar
Y act to authorize the npar1 IF scuoo
H. trustees pf any school district # Mon
ri t4na 10 repay FROM TIE NrHeart,= a. The
he sale uf bonds oIy mpL"! heretofore
,l loaned or ANyaLc.. '04tt FOR the ersctl0r
Of 4 prhuD!hol-" ur 'anor.tru-r- H. tuen
III -choo! district, anrro'eI i'ebr4a,. j.
us $3.50.
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