Burkhardt v. Georgia School Township

Citations

• 9 S.D. 315
• 69 N.W. 16
• 1896 S.D. LEXIS 169

Syllabus

<p>1. Where a school board, having power to change the location of schoolhouses only when authorized to do so by the voters of the district (Laws 1891, Chap. 56, Sube. 5, Secs. 1, 5), contracts for the removal of a school house, it will be presumed in the absence of a contrary showing, that the board was so authorized.</p> <p>2. An injunction restraining' a person from performing a contract with a school board for the removal of a school house will excuse such person from performing his contract, in the absence of a showing that the injunction was dissolved within such time as made it necessary for him to resume work.</p>