The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-12-16
Decisions of
Supreme Court
From Mclean County

From Mclean County
w. D. Gillespie, Plaintiff and Re.
spondent,
VS..
Common School District No. 8, Nc
Lean County, North Dakota, a
public corporation, Defendant and
Appellant.
Syllabus:
/. School officers have and may
exercise only such powers as are ex-
pressly or implicitly granted by
statute.
2. A school district is not bound
by the action of its directors unless
such action Is taken at meeting
held and conducted as required by
the statute. See Section 1160, C. l..
1918, ct seq.
3. The directors of school dis
trict are the agents of the district,
and though contract made by the
directors on behalf Of the district
is not binding upon the district be-
cause, irregularly made, nevcrthe-
less it may become binding by SUBJ
sequent ratification where such con-
tract was one into which the district
might lawfully enter at the time il
was thus irregularly made, and
which likewise was within the pow
err of the district to make at the
time It was ratified. Held, in the
instant case, that though the con-
tract In question was not binding in
the first instance, it became the con-
tract Of the district by subsequent
ratification.
4. The record examined and held,
for reasons stated in the opinion.
that there was no prejudieial error
on account of certain rulings on
questions Of evidence.
5. Where a contract invalid in
the first instance is validated by a
subsequent ratification, proof of the
making Of the contract and the
ratification thereof may be made
under ! complaint alleging the exc
cution of the contract without any
allegation of ratification.
Appeal from the district court of
Mclean County, Hon. J. A. Coffey,
Judge.
Affirmed.
Opinion Of the Court by Nuessle,
Judge.
LANCER 4 Nuchols,. Of Bismarck,
for defendant and appellant.
f.. =. McCurdy, Of Bismarck, for
plaintiff and respondent.
From Burleigh County
The Cammack Piano Company, q
corporation, Plaintiff and Re-
spondent,
vs..
The Western Surety Company, q
corporation, Defendant and APP
pellant..
Syllabus:
/. A complaint, when attacked
by demurrer upon the ground that
it fails to state facts sufficient to
constitute cause of action, will be
literally construed and upheld,
where it contains allegations Of
facts sufficient to reasonably and
fairly apprise the defendant Of the
nature Of the claim against him.
Weber v. Lewis, 10 N. D. 473, 126
N. w. 105.
2. II the substantial facts which
constitute a cause Of action are
stated in q complaint or can be in
ferred by reasonable intendment
from the matters which are set
forth, although the allegations Of
these facts are imperfect, incom-
plete and defective, such insult
ficiency, pertaining, however, to form
rather than substance, the proper
mode Of correction is not by demur-
rsr, but by motion to make the
Averments more definite and certain
BY amendment. Weber v. Lewis, 10
N. d. 478, 1875 N. w. los.
Appeal frol- the District Court
Of Burleigh County, Hon. Fred jan
sonius, Judge.
From, m order overruline defend
ants demurrer to the complaint de-
PENDANT appeals.
Affirmed.
Opinion o. the Court bv Nuessle.
Judge.
F. o. Hsllstrom, Of Bismarck, At
torney for appellant.
: LANCER D Nuchols, Of Bismarck,
Attorneys for respondent