Clement v. Board of Trustees

Citations

• 84 Ill. 311

Syllabus

<p>1. State Reform School—powers of the trustees. The Board of Trustees of the State Reform School are a corporation, with special and limited powers and duties, and have no power to make a contract with an individual for the use of the services of the inmates of that institution.</p> <p>2. Quantum meruit—questions to be tried in suit. The question to be tried for a recovery upon a quantum meruit, is simply whether, in view of all the circumstances, the defendant ought, in equity and good conscience, to pay the plaintiff anything; and in determining this question, all the surroundings and circumstances of the case are to be considered.</p> <p>3. Measure of damages—on quantum meruit—void contract. Where a party, at great expense, provides himself with tools and materials, for the purpose of carrying on a continuous business for five years, under a special contract with the trustees of the reform school, whereby he is to have the labor of a certain number of the inmates of such school for five years, at a certain price per day, and it appears, the trustees had no power to make such contract, in a suit by the trustees to recover upon the quantum meruit for one year’s labor of the inmates, performed under the contract, it would be plainly unjust to take the price named as a basis upon which to calculate the value of the labor actually performed.</p>