115 Me. 454 | Me. | 1916
An action of assumpsit on account annexed, in which the plaintiff seeks to recover for clapboards, alleged to have been sold the defendant town in 1912 and used in the construction of a new school house in the Halldale district, so called, and is reported to this court on an agreed statement of facts, from which it appears that at the annual town meeting, held March 7, 1910, the town voted to build a school house at Halldale and appropriated $425 for that purpose. At the March meeting, 1911, on the following article in the warrant, “To see where the town will vote to locate the Halldale school house,” the town voted, “To leave the location of said school house with the Halldale district.” The superintending school committee of said town did not agree as to the location upon which to build the new school house, and on March ii, 1911, they voted, “To recommend the change of the location of the Halldale school house.” A special town meeting was called and held on April 3, 1911. Article 2 of the warrant of said meeting was: “To see if the town will vote to change the location of the school house in the Halldale district, so called, from its present location to the old location near the church.” And the town thereupon voted, “To change the present location to old location near the church.” The superintending school committee disregarded the vote of the town, and thereafterwards agreed to build the new school house by the side of the old Halldale school house, the spot selected for said building being within the limits of the location
The superintending school committee, in the construction of said building, did not use plans and specifications prepared by the state superintendent of public schools, and the plans and specifications that were used for said building were not submitted by said superintending school committee to the .State Superintendent of Public Schools, or the State board of health, prior to the commencement of the building of said school house, nor were the same ever approved by them. At the annual town meeting, held March 3, 1913, there was an article in the warrant, “To see what action the town will take in regard to the Halldale school house,” and the town, by vote, instructed the selectmen to pay for the Halldale school house. April 4, 1913, a bill in equity praying for an injunc
It is necessary to consider but one branch of the defense. Section 2, chapter 88, Public Laws of 1909, reads: “Where the plans and specifications, prepared by the state superintendent, are not used, all superintending school committees of towns in which new school houses are to be erected, shall make suitable provision for the heating, lighting, ventilating and hygienic conditions oí such building, and all plans and specifications for any such proposed school building shall be submitted to and approved by the Superintendent of Public Schools, and the State board of health, before the same shall be accepted by the superintending school committee, or school building committee of the town in which it is proposed to erect such building.”
“Sec. 3. In case no special building committee has been chosen by the town, the superintending school committee shall have charge of the erection or construction of any school building, provided that said superintending school committee may, if they see fit, delegate such power and duty to the superintendent of schools.”
As no plans or specifications were furnished by the State to be used in the construction of said school house, the superintending school committee had no authority to erect or construct a school house until they had made plans and specifications for such proposed school building, and had submitted them to and had them approved by the State Superintendent of Public Schools, and the State Board of Health. Lunn in Equity v. City of Auburn, 110 Maine, 241. The superintending school committee and superintendent of schools had no authority from the town to build a school house, except as they proceeded according to law, and as the erection of the school house by them was not according to law, but
Judgment for defendant.