2 Kan. App. 309 | Kan. Ct. App. | 1896
The opinion of the court was delivered by
The defendants in error, Brown & Jackson, brought this action in the district court of Graham county to recover from School District No. 80 in said county the contract price for the building of a schoolhouse in said district. The petition alleged the making of a contract with the district board, and the construction in accordance therewith of a schoolhouse by defendants in error. The liability of the school district is the sole question presented by the record.
Having only limited authority in a matter of this kind, the officers of a school district can only carry out the expressed will of the electors of the district. If they act -without such direction, or exceed the power
Applying these rules to this case, we are unable to find in the record any evidence of authority in the district board to make the contract in question. The first district meeting of which we have any record was held February 26,1889, pursuant to a call by the board: At that meeting a certain site for a schoolhouse was selected, and it was agreed, to build a stone schoolhouse 19x30 feet in size. The site so selected was distant one mile south from the place where the board caused
It appears that about May 1, 1889, the county attorney of Graham county began proceedings in the district court of that county, in the name of the state, to enjoin the district treasurer and clerk from paying out or expending any of the funds of said district for the erection of the schoolhouse contracted for with Brown & Jackson, alleging that the contract was unauthorized and void. In February, 1890, that case was dismissed by the court, for the reason that the plaintiff had failed to comply with a previous order of the court allowing an amendment of the petition, and the making of Brown & Jackson defendants. The proceedings in that case were pleaded by the defendants in error as res judicata as to the questions involved in this case, and as a conclusive determination of the validity of the contract. We do not think they can
For the reason that the evidence failed to show that the district board was authorized by the electors of the district to make the contract on which this action was based, the judgment will be reversed, and the case remanded for a new trial.