Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 50

Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 50

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 edition. Excerpt: ...shall make contracts for employing teachers of schools in their respective subdistricts, and all contracts made by them shall be approved by the president and reported to the board of directors of the districlr townships. This statute prescribes the manner of entering into a contract which shall be binding upon the district as an incorporation. It must be approved by the president; without his approval the district is not bound. It is a familiar rule of law that corporations of this character can be bound by contracts only when they are entered into in the manner and by the ofiioers prescribed by the statute. There was no claim made that defendant by suffering plaintifl to teach the school, or in any other manner, ratified the contract. At/learn '0. Independent District of Millersburg, 33 Iowa, 105; Conner '0. District T ownship qf Ludlow, 35 Iowa, 376; Cook 'v. Independent District of lcG-regor, 40 Iowa, 444. III. The record of the proceedings of the board of directors of defendant shows that plaintiff was employed by a resolution passed by that body. The court instructed the jury that the board of directors had no authority to employ a teacher, and that the resolution is no part of the contract in this case; the instruction is correct; the statute confers no such power upon the board; it prescribes that teachers shall be employed by contracts entered into by the subdirecwr and approved by the president. The action of the board, therefore, gave no validity to the contract under which plaintiff claims to recover. Other questions discussed by counsel need not be considered; the one we have determined is decisive of the case. For the error in refusing the instruction asked for by defend ant the judgment of the Circuit Court is Rnvnnssn. Tm: more

Product details

  • Paperback | 254 pages
  • 189 x 246 x 13mm | 458g
  • United States
  • English
  • black & white illustrations
  • 1236835700
  • 9781236835703