City of Cleveland v. Legal News Publishing Co.

2 Ohio Law. Abs. 357

Procedural entryThis page is a short order in City of Cleveland v. Legal News Publishing Co.. Read the opinion of the Court — 110 Ohio St. 360 →

Ohio Supreme Court·Decided May 20, 1924·No. No. 18259·Published

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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JONES, J.

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.

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

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2 Ohio Law. Abs. 357 (City of Cleveland v. Legal News Publishing Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.