236 Mass. 210 | Mass. | 1920
This is an action of contract to recover compensation for services rendered by the plaintiff in preparing plans and specifications for a school house, the erection of which in the defendant city was contemplated in 1915. The city council on June 7, 1915, passed an order for the appointment of a committee consisting of three members of the school committee, the mayor, two aldermen and three members of the common council, “invested with full authority to make contracts, purchase supplies and fittings and superintend the erection of a new school house” with “power to do any and all things necessary for the construction and equipment of the building . . . according to plans approved by the school committee.” Orders also were passed for a substantial loan and appropriation. Early in July
The case hinges upon the question whether the defendant was bound by this action of the school committee, or whether their action was without authority of law. It is elementary in the law of cities and towns that their officers have only such powers to bind their municipalities by contract as are conferred by the express terms or necessary implications of statutes. They have no inherent powers of this nature. It follows from this principle that persons having business relations with cities and towns are bound to take notice of the scope of the authority of those professing to act as agents, for the reason that the matter, being controlled by public law, is equally open to the knowledge of all. Benefit to the city or town is irrelevant in this connection. Boston Electric Co. v. Cambridge, 163 Mass. 64. Higginson v. Fall River, 226 Mass. 423.
Under the general law the power and duty of erecting school buildings is vested in the cities and towns and not in the school committees. R. L. c. 42, § 49. While under certain circumstances, when a city or town refuses to provide sufficient accommodations for the conduct of the schools required by law, the school committee may exercise somewhat extensive and drastic powers, the case at bar does not come within that principle because the city council, so far as is shown by this record, acted seasonably and adequately toward the erection of the school house.
It is provided by the charter of the defendant, St. 1890, c. 320, § 16, that “The city council shall not authorize the erection of a school house or any addition thereto nor pass any appropriation for such purpose until plans of the same have been approved by vote of the school committee, and until such approval has been certified in writing to the council by the chairman of said committee.” No other part of the charter of the defendant city, or of the general law, confers further power in this particular upon the school committee. The authority and duty to authorize the
The context in which the word occurs in the charter of the defendant confirms these general definitions. The construction of an important public building requires the preparation of plans. The body charged with the general duty of its erection naturally also attends to the preparation of plans, acting upon such suggestions as- may be presented by the public board by which it is to be used. The power to erect a building commonly embraces the doing of all things necessary to its completion including suitable plans. Vinal v. Nahant, 232 Mass. 412. It would be a strained construction of the word to say that the right to employ an architect and cause him to make full plans and specifications followed
Doubtless, that the important project of erecting a school house may go forward in orderly fashion, there must be co-operation between the two boards and co-ordination of their work according to their respective functions.. But' it must follow the terms of the charter.
The school committee was not empowered to make the defendant responsible in contract to the plaintiff. The defendant’s request for a finding in its favor should have been granted. The exceptions are sustained and under St. 1909, c. 236, § 1, judgment may be entered for the defendant.
So ordered.