QUASI-CONTRACTS -- UNSOLICITED PERFORMANCE OF A STATUTORY DUTY

An Indiana statute required county officers to publish reports of public business in two newspapers, representing the leading political parties of the county. Plaintiff, one of the two newspapers in Decatur county, printed the required notices without first obtaining official authorization. After defendant had disallowed the claim for this service, plaintiff appealed to the circuit court, there obtaining a verdict. Defendant appealed from the denial of its motion for a new trial.

Held, that plaintiff had performed an obligation created by law and was entitled to recover on quasi-contract principles. On motion for rehearing, defendant urged the statute prohibiting recovery by volunteers. Held, that plaintiff was not to be classed as a volunteer, since it had fulfilled a statutory duty. Board of Commissioners of Decatur County v. Greensburg Times, (Ind.

1939) 19 N. E. (2d) 459, 20 N. E. (2d) 647.