Edinburg American Land & Mortgage Co. v. City of Mitchell

Citations

• 1 S.D. 593
• 48 N.W. 131
• 1891 S.D. LEXIS 64

Syllabus

<p>1. July 1, 1880, school district No. 6, Davison county, authorized its school board to build a suitable school house, and to expend a’ sum of money not to exceed §5,000 in building the same. It was also authorized to procure plans for the house, which were to be presented to the people of the district for their consideration at the next meeting. At that meeting plans were presented, but not accepted, but an architect was empowered to make other plans and specifications for a certain size building, and to have them ready at the next meeting of the district. At that meeting- no plans or specifications were presented, or adopted by the district, but the meeting- appointed the school board a committee to carry out the previous vote of the district to build a school house, and with power to act fully in the matter, limiting the board to a certain size for the building and the amount to be expended. Held, that the power thus conferred on the school board was full and complete, limited only as to size of the school house and the amount of money to be expended, and that their authority to act was as broad and general as the voters of the district could legally confer upon them; and so long as they acted honestly, and for the best interests of the district, their acts were legal and binding.</p> <p>2. The school board let the building of the school house, according to certain plans and specifications, for the sum of §4,425. As the work progressed, it was seen that certain chang-es were necessary in order to make the building symmetrical and strong, which changes were made by order of the board, causing an additional outlay of of §512. Held, that so long as the changes were beneficial and necessary, and the additional cost, added to the original contract, did not exceed the amount limited to be expended, the board had the power to make them, and its acts are binding on the district.</p> <p>3. School warrant issued by a school board under the provisions of Section 62, c. 14