24 Pa. Super. 477 | Pa. Super. Ct. | 1904
Opinion by
David Mase and Daniel Wenner were the supervisors of Butler township for the year 1894. The plaintiff’s agent negotiated with Mase for the purchase of a road scraper to be paid for by delivering an old road scraper, which was owned by the township, and a note dated April 27, 1894, to the order of the plaintiff for $179, due one year after date. The note was signed by David Mase, supervisor, and Wenner, the other supervisor, was requested to sign it but refused.
The purchase of a road scraper cannot, with any show of reason, be held to be a duty imposed by law on supervisors ; it is not an indispensable implement but is often an experiment with a new venture. The propriety of such a purchase depends upon the character of the soil and roadbed ; the efficiency of the particular machine; its price and terms of payment; the financial condition of the township, and other matters which peculiarly demand the practical business judgment of the supervisors, before the township is made liable for a new debt.
In this case there was the added dilemma of fixing the value of the old machine, and whether it could be repaired (as was testified to by a number of witnesses) or should be exchanged for a new one. It was never intended that the consultation should be a constructive or vicarious one, but rather, an actual meeting of minds after a personal conference. One supervisor cannot commit his experience and business judgment to his