
    (Eighth Circuit — Cuyahoga Co., O., Cir’t Court,
    Nov. Term, 1899.)
    Before Hale, Marvin and Caldwell, JJ.
    STATE OF OHIO ex rel. M. A. FANNING v. THE BOARD OF COUNTY COMMISSIONERS, A. E. AKINS, Auditor, and M. LANDER, Treasurer.
    (1) . Sec. 2834b, R. S., is mandatory and is made condition precedent to be complied with before the board of county commissioners can make a lawful contract, and the certificate is as much a condition precedent as is the fact that the funds are provided.
    (2) . A failure of the petition in a suit on such a contract,, to-aver that the proper certificate was first obtained, is fatal to the action.
    Appeal from the Court of Common Pleas of Cuyahoga county.
   CALDWELL, J.

Section 2334b, Revised Statutes, is mandatory and is made condition precedent to be complied with before the board of county commissioners can make a lawful contract, and the certificate is as much a condition precedent as is the fact that the funds are provided. As the certificate is not averred to have been made, the petition stands confessed that none was made, and without it the contract has no validity.

The motion for judgment on the pleadings is granted.  