McCullough v. Board of Education
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On the 6th day of December, 1870, the plaintiff contracted with the Board of Education of the city and county of San Francisco to construct a school-house on a portion of Hamilton Square, in said city and county.
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On the 6th day of December, 1870, the plaintiff contracted with the Board of Education of the city and county of San Francisco to construct a school-house on a portion of Hamilton Square, in said city and county. The board failed to fulfill the contract on its part by not placing the plaintiff in the possession of the ground where the house was to be built, and he brought this action to recover damages for its failure to carry out the contract on its part. The Board of Supervisors had passed a…
1Opinion of the Court
By the Court:
The Board of Education had no authority to appropriate Hamilton Square, or any portion thereof, as a site for the proposed high school. The purposes for which the public squares may be used are those defined by positive law, and the erection of school-houses thereon is not one of these purposes. The resolution of the Board of Supervisors assuming to authorize the Board of Education to appropriate *420a portion of this square for that purpose, though passed in due form, was inoperative, because the Board had no authority to devote a public square to that purpose.
The contract of the…
2Cited by17 opinions
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