MUNICIPAL CORPORATIONS - QUASI-CONTRACTUAL LIABILITY - DISTINCTION BETWEEN QUASI-CONTRACT AND RATIFICATION

Abstract

Plaintiff sued to recover for services rendered as foreman on a city Works Project, the services having been rendered at the request of the mayor and with full knowledge on the part of the city council. Because of the foregoing fact the plaintiff claimed the contract had been ratified even though no formal corporate action had been taken authorizing the contract. Defendant\u27s demurrer was overruled in the circuit court. On appeal, held, although plaintiff could not recover in an action based on the alleged contract because no formal contract was ever entered into, and because plaintiff\u27s compensation had not been fixed by ordinance as required by statute, nevertheless he could recover on the basis of unjust enrichment for the amount of benefits received by the city. One justice dissented. Shulse v. City of Mayville, 223 Wis. 624, 271 N. W. 643 (1937)