MUNICIPAL CORPORATIONS - LIABILITY FOR SERVICES PERFORMED UNDER INVALID CONTRACT

Authors

Michigan Law Review, University of Michigan Law School

Abstract

Plaintiff was employed by the board of overseers of defendant city to supervise obtaining employment for recipients of welfare relief, thus relieving the city of the expense of providing for them. The powers of the board were restricted by an ordinance which provided that before any increase should be made in the number of subordinates, a report thereof would be sent to the mayor for his approval. It appeared that the original employment of the plaintiff was in violation of this provision, although the mayor subsequently approved it up to April 5, 1936, when plaintiff's civil service appointment expired. Plaintiff continued to work until September 13, 1936, with knowledge that his name had been removed from the payroll, but with the assurance of the board that he would be paid and with their approval of his continued employment. The mayor never approved his continued employment. Plaintiff now sues for the value of his services during the period after April 5th. Held, the fact that the services were valuable does not impose upon the city a duty to pay for them where the employment was not authorized by law. Cook v. Overseers of Public Welfare in the City of Boston, (Mass. 1939) 22 N. E. (2d) 189.