Livingston v. School District No. 7

Citations

• 11 S.D. 150
• 76 N.W. 301
• 1898 S.D. LEXIS 91

Syllabus

<p>1. The holder of a bond issued for the erection of a school house, which is void because issued in excess of the amount allowed by statute, may recover as on a quantum meruit the value of the school house erected, where it has been retained for continuous use by the school district.</p> <p>2. In an action for the value of a school house erected from the proceeds of a bond void because in excess of the amount allowed by statute, it is proper to allege the successive preliminary steps taken by the school board in strict conformity with the act authorizing- the issuance of bonds, so that the court may require such performance on the part of the school district as law and equity will permit.</p>