The facts set forth in the plaintiff’s state of demand, are found true by the verdict; but these facts disclose a fradulent combination between two public officers, under color of legal authority, to cheat a third person, the landlord, out of his money; from such a fraudulent contract no action can arise; that even if the contract was lawful, the breach assigned is too loose to sustain a judgment.

Judgment reversed.

Cited in Church v. Muir, 4 Vr. 318.