A
*Fchl
TIFS)APPELLANTS;
*Feb.
TIFFS) ..............................
AND
LA CORPORATION DU VILLAGE DUI
SACRE-COEUR DE JESUS (DEFEND- RESPONDENT. ANT)
....
...........................
ON APPEAL FROM THE KING'S BENCH, APPEAL SIDE, PROVINCE OF
The judgment of the court was delivered orally by the Chief Justice, after hearing counsel as well for the respondent as for the appellants.
C.J.C.-The plaintiffs appellants seek a mandamus to compel the defendant municipality to accept payment by a third party of an alleged debt of its secretarytreasurer. In order to succeed they must make out a case within article 1141 C.C., or establish agency of such third party in making the payment for the alleged debtor. Two essential elements appear to be lacking in the proof necessary to bring the case within article 1141 C.C. The debt of the secretary-treasurer is not admitted by the defendant and it is contested by himself. Unless such debt is established it cannot be said that the payment is for the benefit of the alleged debtor.
The payment by the third party was not made by him as representative or as agent of the debtor.
He had no authority to represent the debtor. This is clearly established by the evidence.
And the only possible inference from the proof before us.is that the third party did not pro- S.C.R.