
    No. 331
    No. 18259
    The City of Cleveland v. The Legal News Publishing Company.
    Error to the Court of Appeals of Cuyahoga County.
    4. ADVERTISING; — Newspaper publisher and authtorities not permitted to agree upon a greater than legal rate — Money so illegally paid may be recovered.
   JONES, J.

1. The provisions of Section 6251, General Code, do not permit city authorities and a publisher of a newspaper to orally agree for the payment of a greater rate for the publication of advertisements than the sum! therein fixed.

2. The payment of sums greater than that fixed by that section, in pursuance of such oral' contract, even though the contract and payment be mad.e without fraud or collusion, does not preclude' a recovery under Section 286, General Code, for the excess so illegally paid.

3. A city is not barred from instituting an action for the recovery of money illegally expended, by the m'inety-day provision of Section 286, General Code.

Judgment reversed.

Marshall, C. J., Robinson, Matthias, Day and Allen, JJ., concur. Wanamaker, J., not participating.  