Inhabitants of Wrentham v. Fales
Massachusetts Supreme Judicial Court
Contract for $134.30, with interest thereon from the date of demand, alleged to be due to the town of Wrentham for thirty-eight weeks, beginning in September, 1896, and ending in June, 1897, for the tuition of two children of the defendant, a resident of the town of Norfolk, attending school in Wrentham with the consent of the school committee of that town first obtained as required by St. 1894, c. 498, § 8, for which the defendant promised and agreed to pay.
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Contract for $134.30, with interest thereon from the date of demand, alleged to be due to the town of Wrentham for thirty-eight weeks, beginning in September, 1896, and ending in June, 1897, for the tuition of two children of the defendant, a resident of the town of Norfolk, attending school in Wrentham with the consent of the school committee of that town first obtained as required by St. 1894, c. 498, § 8, for which the defendant promised and agreed to pay. Writ dated April 15,1903. In the Superior Court the case was submitted on an agreed statement of facts. That court gave judgment for…
1Opinion of the CourtHammond, J.
The defendant, a resident of the town of Norfolk, applied to the school committee of Wrentham for permission to have his children' admitted to the public schools of the latter town, and, upon his express promise to pay for such schooling, permission was granted and the children attended the schools for many weeks. After having received in full the benefit for which he thus agreed to pay, the defendant declines to pay upon the ground that the contract was invalid in that the town could not legally enter into it. The chief question here is whether the defence of illegality is well taken.
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2Cases cited1 opinion
- Inhabitants of Haverhill v. GaleMassachusetts Supreme Judicial Court · 1869
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