Kreusler v. McKees Rocks School District

Citations

• 256 Pa. 281
• 100 A. 821
• 1917 Pa. LEXIS 602

Syllabus

<p>Contracts — School district — Debt—Constitutional limit — Building — Ultra vires contract — Notice of invalidity — Public policy — Injunction — Subsequent suit on implied contract — Constructive contract — Set-off—J.udgment for defendant n. o. v.</p> <p>1. The only authentic and admissible evidence of public policy of a state on any given subject is its constitution, laws, and judicial decisions, and the public policy of a state of which courts take notice and to which they give effect must he decided from those sources. Where the state has spoken, through its legislature, there is no room for speculation as to what the policy of the state is.</p> <p>2. Where a written contract of a school hoard for the erection of a school building is ultra vires and against the policy of the ¡state, as creating a debt in excess of the constitutional limit, and work under the contract is enjoined, an action subsequently brought by the contractor on an alleged implied contract must fail where all 'the work and materials were furnished under the express written contract. This is not a constructive contract.</p> <p>3. In such case where the contract was entered into-in June and the plaintiff continued work until enjoined in the following November, although notified by an association of taxpayers, before the ■work was begun, that the contract was illegal, and the taxpayers’ bill to enjoin the work was filed in July, plaintiff had not only constructive but actual notice of the invalidity of the contract.</p> <p>4. In such case where certain other work was done under a valid agreement made after the contract for the erection of the superstructure of the building, but the defendant claimed the right to set off a sum which it had paid the plaintiff on account of the work done on the superstructure under the illegal contract, the court properly refused to allow the set-off, as the amount claimed was paid under an illegal contract, and the law in such case leaves the parties in the condit