Miller v. Board of Education

Ratieicatiok oe as Uxauthoeized Act.—A ratification by a party of an act done in Ms behalf by another, without authority, if such ratification be made under a misapprehension of the full scope of the Act, is voidable to the extent of the mistake, and the party can be relieved pro tanto.

Appeal from the District Court of the Sixth Judicial District, Sacramento County. . Action to recover money due upon, a contract. The plaintiff constructed a school house for the defendant. W. H. Hill was Superintendent of Common Schools of the City of Sacramento and J. W. Avery was a member of the Board of Education." While the defendant was indebted to the plaintiff on the contract, Avery presented to Hill a bill for lumber furnished the plaintiff', amounting to fourteen hundred and fifty-two dollars and fifty cents, and Hill, acting for the plaintiff paid it, and charged it to plaintiff as so much paid on his contract. A few days afterwards the plaintiff, on being informed of the payment of the bill, said “he was glad of it—it was all right.” Subsequently he complained to Hill that some of the lumber had been used for another building. When the accounts were settled at a meeting of the Board, the bill paid Avery was put in, and the plaintiff, though present, made no objection to it. It appears from the testimony that the value of the lumber which was not used in the school house was two hundred and sixty-two dollars and ninety-five cents. The jury returned a verdict for that sum. The jfiaintiff appealed.