Gosline v. Toledo (Bd. of Ed.)

Citations

• 20 Ohio C.C. Dec. 503
• 11 Ohio C.C. (n.s.) 195
• 1908 Ohio Misc. LEXIS 173

Syllabus

<p>SCHOOLS AND SCHOOL DISTRICTS.</p> <p>Parker, Wildman and Kinkade, JJ.</p> <p>1. Statutes do not Require Advertisement for Bids nor Letting of Contract for Coal to Lowest Bidder.</p> <p>Neither Rev. Stat. 3987 (Lan. 6466), specifically empowering boards of education, among other designated things^ to provide fuel; Rev. Stat. 3988 (Lan. 6468), prescribing advertisement for bids for certain designated supplies and contracts, but omitting mention of fuel; nor Rev. Stat. 4017 (Lan. 6577), requiring the director of schools, where one is chosen, to advertise for bids, etc., without providing when or how he may advertise therefor, requires advertising for bids for coal or purchase from the lowest responsible bidder.</p> <p>2. Lowest Priced Coal not Necessarily Most Practical for Heating School ¡ Buildings.</p> <p>A broad discretion is reposed in boards of education regarding the purchase of necessary supplies for schools. Hence, in the purchase of fuel, gradation of quality of coal, heating capacity, adaptability to heating apparatus, and experience and skill of janitors and other persons managing school furnaces are essential facts to be considered in making selection therefor, which may render it inadvisable to accept the lowest priced; and where it appears that the board has complied with the just requirement of acting in good faith for the best good of the schools according to the light and understanding of its members, acceptance of other than the cheapest coal will not be enjoined.</p> <p>3. Advertising for Trivial Supplies not Required.</p> <p>The director of schools under Rev. Stat. 3988 (Lan. 6468) and Rev. Stat. 4017 (Lan. 6577), is not required to go to the expense of advertising for bids for every trivial requirement in the way of supplies by the board.</p> <p>[Syllabus approved by the court.]</p>