STATE v. FERGUSON

No. 32432.

97 N.E.2d 660 (1951)

155 Ohio St. 26

STATE ex rel. ALLEN et al. v. FERGUSON.

Supreme Court of Ohio.

March 7, 1951.


Attorney(s) appearing for the Case

Ed D. Schorr and Charles J. Chastang, Columbus, for relators.

Robert L. Drury, Columbus, for respondent.

Herbert S. Duffy and C. William O'Neill, Attys. Gen., Joseph P. Kinneary, Nelson Lancione and Hugh A. Sherer, all of Columbus, for intervening petitioners.


TAFT, Judge.

The first question raised is whether the Director of Highways had authority to make the contract involved.

We believe that question may have been decided in State ex rel. Kauer, Dir., v. Defenbacher, Dir., 153 Ohio St. 268, 91 N.E.2d 512, where this court issued a writ of mandamus compelling issuance of a certificate of encumbrance certifying to the availability for expenditure by the Director of Highways...

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