Legal Opinion

Driscoll v. Ind. School District of Council Bluffs

Supreme Court of Iowa

Decided June 16, 1883PublishedCited by 1 opinion

Appeal from Pottawattamie District Court. Plaintiff is an architect, and states in his petition that he was employed by a duly authorized committee of defendant’s board of directors to furnish plans for the construction of a school-house about to be constructed by the defendant; that he did furnish such plans, and the same were approved by the board; that such plans, after the approval thereof by the building committed, were left with said committee, who represented and…

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Appeal from Pottawattamie District Court. Plaintiff is an architect, and states in his petition that he was employed by a duly authorized committee of defendant’s board of directors to furnish plans for the construction of a school-house about to be constructed by the defendant; that he did furnish such plans, and the same were approved by the board; that such plans, after the approval thereof by the building committed, were left with said committee, who represented and agreed that the building should be constructed in accordance with the plans. Afterward, the said board employed one Maxon to…

1Opinion of the CourtSeevees, J.

— I. Clausen and Pettibone were appointed by the board of directors of defendant as a committee on Building and grounds, and the board adopted a resolution authorizing such committee “to procure plans for a school-house in Hall’s addition, and present the same at the next regular meeting of the board.” It will be seen that the committee was not authorized to approve the plans, but to procure them only. By the adoption of the resolution, the committee became the agents , of the hoard with unlimited power as to the manner in which the plans were to be procured. The board could in their…

2Cases cited2 opinions

  1. Rice & Son v. Plymouth CountySupreme Court of Iowa · 1876
  2. Mallory v. Montgomery CountySupreme Court of Iowa · 1875

3Cited by1 opinion

  1. Sully v. PrattSupreme Court of Louisiana · 1901

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