Taylor v. District Township of Wayne
Supreme Court of Iowa
Appeal from Monroe District Court. In July, 1865, Andrews and Bigelow sold to the district board of defendant, certain “ maps, and keys, charts, globes, and other school- apparatus,” for which an order was drawn by the president and secretary, on the treasurer, in favor of Andrews and Bigelow, “ or bearer,” for $221.20, payable April 1,1867, with ten per cent interest. The order was payable out of the “ contingent fund,” and upon its face showed for what it was given.
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Appeal from Monroe District Court. In July, 1865, Andrews and Bigelow sold to the district board of defendant, certain “ maps, and keys, charts, globes, and other school- apparatus,” for which an order was drawn by the president and secretary, on the treasurer, in favor of Andrews and Bigelow, “ or bearer,” for $221.20, payable April 1,1867, with ten per cent interest. The order was payable out of the “ contingent fund,” and upon its face showed for what it was given. The maps, charts, etc., were furnished and distributed to the' different schools of the district. This action was brought in…
1Opinion of the CourtWright, J.
1. Schools: contracts of district boara. Plaintiffs conceded in the court below “ that at the time of 'the purchase of these maps and issuing the order, the board had no authority ^ hit . to make the same, and the court without objection instructed the jury, that the board could not by any unauthorized act or contract create or fix a liability upon the district to pay for the same, nor could it, by its own action at any subsequent meeting, so ratify the unauthorized act as to render the district liable. But they were instructed, “ that if they found that the maps, etc., were by the board…
2Cases cited1 opinion
- Shepherd v. District TownshipSupreme Court of Iowa · 1867
3Cited by9 opinions
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- Reichard v. Warren CountySupreme Court of Iowa · 1871
- Young v. County of BlackhawkSupreme Court of Iowa · 1885
- First National Bank v. WhisenhuntSupreme Court of Arkansas · 1910
- State v. LawrenceSupreme Court of Missouri · 1903
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