Kirk v. Union Graded School Dist. No. 1

This was an action to enjoin the defendant from removing a building from the school grounds of the plaintiff school district. The plaintiff prevailed and the defendant appeals.

The defendant had been employed as a teacher by the plaintiff school district. Apparently he wanted a building on the school grounds wherein the pupils could play basket bull and other games. He drew up a contract, which was thereafter signed by two of the three school board members. According to the undisputed testimony of the plaintiff, the school board was in session when the members thereof voted to enter into the…