69 Iowa 384 | Iowa | 1886
II. The evidence touching the character of the materials furnished and work done in constructing the house is conflicting. We are of the opinion that the preponderance of the evidence shows that the house falls far short of complying with the requirements of the contract. An attempt to set out or discuss tbe evidence would prove to be without profit. We do not think that the evidence shows fraudulent confederation and agreement between the directors and the contractor, further than may be inferred from the fact that, through neglect of duty, or by intention, the directors accepted or propose to accept the house and pay for it. We think it so lacks compliance with the contract that its acceptance should be regarded as a fraud against the district and the taxpayers, which demands relief in a court of equity. Surely, if the directors and contractors had agreed and confederated together to rob the district by building and accepting a house not complying with the contract, equity would inter
The decree of the circuit court restrains the defendants, and their successors in office, from settling and paying for the house under the contract; but finds that the house is of the value of $550, and directs that the independent district shall be discharged of all liability by the payment of that sum. This provision of the decree is in accord with the prayer of the petition, and is correct. In our opinion, the decree ought to be
Aeeibmed.