Phelan

Mr. Justice Heydenfeldt concurred. Mr. Justice Terry dissented.

In Burgoyne v. The Supervisors of San Francisco County, 5 Cal. R., we held that the Legislature could not confer other than judicial functions on the Courts of Sessions, and consequently that the ajitejppted purchase of land, in that case, was a nullity, and the county not liable upon the contract.

The plaintiffs in this case have resorted to a different remedy, and by a bill in equity seek to enforce a specific performance of the original contract, on the ground that it has since been ratified by “ the supervisors,” a body legally competent to act on the subject.

As evidence of a ratification, the plaintiff relies upon certain acts of the supervisors in the care, management and disposition of the property.

It is now contended that the original contract was not void, but only voidable, and therefore the subject of ratification. A distinction is instituted in the books, between that which is void and that which is voidable, the former of which is held to embrace such acts as are against good morals or public policy. Now although, in the abstract, there is nothing which would render a contract like the present…

I dissent.