Springfield Furniture Co. v. School District No. 4
Supreme Court of Arkansas
Appeal from Faulkner Chancery Court. statement by the court. On the 30th day of June, 1897, the appellee filed a complaint in the Faulkner chancery eourt against the appellant and the county treasurer of Faulkner county, alleging that on June 23, 1896, A. K. Pearson, Gus Powers and W. M. Johhson were directors of plaintiff school district.
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Appeal from Faulkner Chancery Court. statement by the court. On the 30th day of June, 1897, the appellee filed a complaint in the Faulkner chancery eourt against the appellant and the county treasurer of Faulkner county, alleging that on June 23, 1896, A. K. Pearson, Gus Powers and W. M. Johhson were directors of plaintiff school district. That on said day the appellant made a pretended contract with said district through two of the directors, A. K. Pearson and Gus Powers, for the sale of school desks for $156.80, and received two school warrants in payment, signed by Pearson and Powers. That…
1Opinion of the Court
Wood, J.,
(after stating the facts.) As the contract of purchase was made by only two directors, and not at a regular meeting, nor at a special meeting upon notice to the third director, it is not binding. School District v. Bennett, 52 Ark. 511. Likewise the warrants were also invalid. Nevertheless, under the circumstances, the school district was not in an attitude, at the time of filing its complaint, to repudiate the contract and refuse to pay for the desks. The proof shows that the district accepted the desks, and used twenty six of them for about one year, and did not offer to recind the…
2Cases cited2 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- School District v. BennettSupreme Court of Arkansas · 1889
3Cited by10 opinions
- Scott County v. Advance-Rumley Thresher Co.Court of Appeals for the Eighth Circuit · 1923
- Texarkana v. FriedellSupreme Court of Arkansas · 1907
- Flanagan v. Drainage District No. 17Supreme Court of Arkansas · 1928
- Forrest City v. OrgillSupreme Court of Arkansas · 1908
- Loomis v. Fifth School DistrictSupreme Court of Connecticut · 1929
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