Clark v. School Directors

Citations

• 78 Ill. 474

Syllabus

<p>1. School directobs—powers of, to pur chase property and contract debts. The powers of school directors all exist under the statute, and are extremely limited. They may appropriate to the purchase of libraries and apparatus any surplus funds, after all necessary school expenses are paid, and the form of the orders to be drawn by them on the treasurer of the township is prescribed by statute, and must be followed; and such orders can not be made payable on time, or draw interest.</p> <p>2. Same—not liable on the quantum meruit for librao'ies or apparatus purchased for schools. The authority given to school directors by statute, to “appropriate to the purchase of libraries and apparatus any surplus funds, after all necessary school expenses are paid,” is a limitation of their power to make such purchases, to the circumstances named, and is an implied restriction of any power to purchase generally on credit.</p> <p>3'. A purchase of such articles by the school directors on a credit, where it does not appear that there were any surplus funds, after all necessary school expenses were paid, applicable to such purchase, is void, and there is no contract implied by law to pay for articles thus purchased, arising from their receipt and use.</p> <p>4 The only remedy of the seller, under such circumstances, is, to claim the property itself</p>