241 Pa. 204 | Pa. | 1913
Opinion by
In 1871 the defendant , school district, in the exercise of the power of eminent domain conferred by the Act of
The statement of claim shows that the plaintiff’s action. was expressly founded upon a breach of the covenant of general warranty contained in the deed to their decedent. School districts are creatures of the statutes and only have such powers as are thereby given to them; they are “corporations of lower grade and less power than a city, have less the characteristics of private corporations and more of a mere agent of the state; they are territorial divisions for the purposes of the school laws, and their officers have no power except by express statutory grant and necessary implication.” (Erie School District v. Fuess, 98 Pa. 600, 606.) No act of assembly has been cited to us, and we know of none,
The assignments of error are sustained, the judgment is reversed, and is here entered for the defendant.