Carbon County v. Draper

Counties ? Public Printing ? Payment of Illegal Claims ? Right of County to Sue for Excess Paid ? Action of County Commissioners on Claims ? When Conclusive ? Fraud ? Blank Forms ? Rate Printer may Charge for Number Less Than Minimum Prescribed by Law. Counties ? Illegal Claims ? Failure of Taxpayer to Appeal from Order of Allowance No Bar to Action by County Attorney to Recover Money Illegally Paid. 1. Failure of a taxpayer to appeal to the district court from an order of the board of county commissioners allowing a claim against the county under the authority given him by section 4610, Revised Codes 1921, does not limit the right of the county attorney to sue in the name of the county to recover moneys illegally paid under section 4821. Same ? County Printing Contract ? Allowance of Claims Beyond Rates Fixed by Law Illegal. 2. Section 4482, Revised Codes 1921, authorizing the board of county commissioners to contract for county printing does not authorize it to increase the rates therein prescribed; it, by fixing the maximum rates, by fair implication prohibits the payment of anything in excess thereof; therefore any claims allowed beyond the rates fixed are not legally chargeable against the county and may be recovered in an action by the county attorney in behalf of the county. Payment ? Rule That Money Paid Voluntarily may not be Recovered Back not Applicable to Unauthorized Payment by Public Officer. 3. The general rule that money voluntarily paid may not be recovered, has no application to an unauthorized payment made by a public officer. Counties ? Action of Board of County Commissioners in Allowing Claims Conclusive, When. 4. The board of county commissioners is a quasi-judicial body and its action in examining, settling and allowing claims against the county, in the absence of fraud, is conclusive even though it be erroneous; therefore where it allows charges for public printing in excess of the contract price but less than the maximum rate fixed by law, the county may not recover the excess as an illegal charge. Fraud ? When Person not Warranted in Relying on Fraudulent Representations. 5. One of the essential elements of actionable fraud is that - Page 414 the person to whom alleged false representations were made had a right to rely thereon; therefore where it appears that one claiming to have been deceived has investigated for himself or had the means at hand to ascertain the truth of statements made, his reliance thereon, affords him no ground of complaint. Counties ? Printing Contract ? Recovery of Money Paid Illegally ? Fraud in Presentation of Claims ? County may not Charge Fraud in View of Duty of Commissioners to Examine Claims. 6. Under the last above rule, held, that since under subdivision 12 of section 4465, Revised Codes 1921, the board of county commissioners is authorized to examine, settle and allow all claims against the county, its failure to ascertain whether charges made under a county printing contract were in accordance therewith deprives the county of the right to charge that claims filed for work done under the contract were fraudulent. Same ? Printer may Charge Full Rate for Less Number of Blanks Than Minimum Fixed by Law. 7. Held, that under section 4482, Revised Codes 1921, a publisher may under his contract with a county for county printing, properly charge the full rate for printing blank forms for a less number than the minimum fixed by the section as the basis rate, and is not required to charge only a proportionate part of the price fixed therein.