City of Cleveland v. Legal News Publishing Co.

Ohio Supreme Court

City of Cleveland v. Legal News Publishing Co.

2 Ohio Law. Abs. 357

CourtOhio Supreme Court

DecidedMay 20, 1924

DocketNo. 18259

StatusPublished

This text of 2 Ohio Law. Abs. 357 (City of Cleveland v. Legal News Publishing Co.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Cleveland v. Legal News Publishing Co., 2 Ohio Law. Abs. 357 (Ohio 1924).

Pincite

Opinion

JONES, J.

1. The provisions of Section 6251, General Code, do not permit city authorities and a publisher of a newspaper to orally agree for the payment of a greater rate for the publication of advertisements than the sum! therein fixed.

2. The payment of sums greater than that fixed by that section, in pursuance of such oral' [358]*358contract, even though the contract and payment be mad.e without fraud or collusion, does not preclude' a recovery under Section 286, General Code, for the excess so illegally paid.

3. A city is not barred from instituting an action for the recovery of money illegally expended, by the m'inety-day provision of Section 286, General Code.

Judgment reversed.

Marshall, C. J., Robinson, Matthias, Day and Allen, JJ., concur. Wanamaker, J., not participating.

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