Jose v. Moulton
Supreme Judicial Court of Maine
On Facts agreed. Action on the Case. In September, 1849, the defendant claiming to act as agent of district No. 9, in Scarborough, agreed with the plaintiff to teach their school the following winter, at a price agreed. The contract was performed, and at its termination the plaintiff received a certificate from defendant in his capacity of agent, of the amount of his wages as due from the town.
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On Facts agreed. Action on the Case. In September, 1849, the defendant claiming to act as agent of district No. 9, in Scarborough, agreed with the plaintiff to teach their school the following winter, at a price agreed. The contract was performed, and at its termination the plaintiff received a certificate from defendant in his capacity of agent, of the amount of his wages as due from the town. In 1836, the limits of the school district were described upon the town records, but no acceptance was found. But the town had set off individuals from that to other districts; and the inhabitants…
1Opinion of the CourtTenney, J.
— The plaintiff seeks to hold the defendant liable for his wages for instructing a school in district No. 9, in Scarborough, in the municipal year 1849, on. account of *368an omission in the records of the town, to show, that the district was legally constituted, the defendant having employed the plaintiff, assuming to act in the character of agent for such district. Unless compelled by inflexible rules of law, a court would reluctantly hold liable a person who honestly believed himself the agent of a school district, authorized to act as such, which district for many years had been recognized by…
2Cited by2 opinions
- Seamonds v. School Dist. No. 14Wyoming Supreme Court · 1937
- Perkins v. Inhabitants of StandishSupreme Judicial Court of Maine · 1948