87 Vt. 152 | Vt. | 1913
The suit is brought to recover for building materials furnished on the order of one F. C. Woodward, and used in the completion of a school house which was being built for the town of Hartford. The town had a contract with Horace H. Tozier, of Lynn, Mass., for the construction of two school buildings, and Woodward had charge of the work and á power of attorney to act for Tozier in matters relating to this contract. The -controversy arises upon the plaintiff’s claim that Tozier had abandoned the contract, and that the town had taken upon itself the completion of the building and arranged with Woodward to go on with the work. The plaintiff rested his case upon the exhibits presented and the testimony of Woodward and himself, and on motion of the defendant a verdict was directed in its favor.
The case presented by the testimony of Woodward is this. In February, 1908, when the building was about ready for the inside finish, Woodward spoke to A. A. Watson, a member of the building committee, about the progress of the work and Tozier’s situation regarding it; and a meeting of all the committee was thereupon had, in which the matter was presented and considered. Tozier had then received his eighty per cent, on the work done, and there were outstanding bills to be met. Woodward asked for money, saying he was being pushed on the unpaid accounts and had received no money from Tozier; and the committee said they could not give him any more money under the terms of the contract. Woodward then said that he could not go any further with the work as Horace H. Tozier, unless he could have the twenty per cent, held back under the contract, and the committee still said that they could not pay over any more money under the contract. Woodward then said
We think this statement discloses evidence which tended to show that the building committee was justified in treating, and did treat, the work contracted for as abandoned by the contractor, and assumed to provide for the completion of the building by the town. But the town contends that it had no power to intrust the erection of this building to such a committee, and that if its vote did confer any authority upon the committee that authority was exhausted when the contract with Tozier was made.
P. S. 983 reads: “A town shall provide and maintain suitable school houses, and the location and construction of the same shall be under the control of the board of school directors.” P. S. 993 reads: “Said board shall have power to purchase sites, erect school houses or sell buildings or sites, when authorized by a vote of the town so to do.” The first of these sections is a reenactment of a provision which was contained in the chapter on the town system, when the adoption of that system was optional with the towns. R. S. §603. By No. 20, Acts of 1892, the town system was established throughout the State; and by §19 of No. 21, passed at the same session, and entitled in part, “An act to regulate and adjust certain existing school laws to the town system of schools,” the power of the directors regarding school houses was made dependent upon the authorization of the town, as is now provided in P. S. 993, quoted above. It certainly cannot be said, in the face of this provision, that the authority of the school directors over the construction of school houses, by virtue of P. S. 983, is such that the town is powerless to act in that behalf.
Nor do we think the authority given the committee ceased with the procurement of the contract for the erection of the building. The town voted to adopt the report recommending the construction of the building, elected this committee to carry the foregoing into effect, and instructed the school directors to pay the bills incurred under the foregoing votes upon approval of the same by the building committee. The vote of the town would not be carried into effect until the building was completed for use, and the manner of carrying it into effect was left to the discretion of the committee in the first instance.
Judgment reversed and cause remanded.