Pickett v. School District No. One
Wisconsin Supreme Court
APPEAL from the Circuit Court for La Fayette County. In February, 1858, the clerk and treasurer of the defendant school district, constituting a majority of the board of directors thereof, entered into a written'contract under seal with the plaintiif, who was then the director of said district, by which contract plaintiff undertook to build a school-house for the district, in accordance with a certain plan and specifications, and to furnish the same by the first of June…
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APPEAL from the Circuit Court for La Fayette County. In February, 1858, the clerk and treasurer of the defendant school district, constituting a majority of the board of directors thereof, entered into a written'contract under seal with the plaintiif, who was then the director of said district, by which contract plaintiff undertook to build a school-house for the district, in accordance with a certain plan and specifications, and to furnish the same by the first of June following, for which he was to receive $453. The inside work upon the building was unfinished upon said first of June, and…
1Opinion of the CourtPaine, J.
We think there is one fatal objection to the plaintiff’s right tó maintain this action, which renders'it unnecessary to consider any of the other questions discussed. That is, that inasmuch as it appears that the plaintiff was himself the director of the district at the time the contract was let, and took part as such in the proceedings to let it, it was against public policy to allow him, while holding that fiduciary relation to the district, to place himself in an antagonistic position, and obtain the contract for himself from the board of which he was a member. The general principle upon…
2Cases cited2 opinions
- Cumberland Coal & Iron Co. v. ShermanNew York Supreme Court · 1859
- People ex rel. Plugger v. Township Board of OverysselMichigan Supreme Court · 1863
3Cited by28 opinions
- Berka v. WoodwardCalifornia Supreme Court · 1899
- Land, Log & Lumber Co. v. McIntyreWisconsin Supreme Court · 1898
- Pittsburg Mining Co. v. SpoonerWisconsin Supreme Court · 1889
- Miller v. City of Des MoinesSupreme Court of Iowa · 1909
- Town of Searcy v. YarnellSupreme Court of Arkansas · 1886
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