Smith v. Ouzts

Wyatt, Presiding Justice.

1. In the view we take of this case, three questions are decisive. The first is whether or not the Washington County Board of Education had authority to enter into the contract or agreement as to the selection of the site for the school in question. Assuming that the alleged contract or agreement and resolution amounted to a contract, it must be construed as a contract whereby the Washington County Board of Education, and the other defendants, in so far as the petition seeks to hold them to its terms, undertook to limit its discretion or to divest itself of the…