McCullough v. Board of Education

Citations

• 51 Cal. 418
• 1876 Cal. LEXIS 67

Syllabus

<p>Public Square in San Francisco.—The Board of Education of the City and County of San Francisco has no authority to appropriate a public square in said city and county, or any portion thereof, as a site for tho erection of a school-house; nor has the Board of Supervisors any authority to authorize such appropriation.</p> <p>Contract ultra vires.—-If the Board of Education of the City and County of San Francisco contracts with a builder to erect a school-house on a public square, the contract is ultra vires, and the builder can acquire no rights thereunder.</p> <p>Illegal Contract.—A contract made in violation of law is void, and no damages can be recovered for its non-fulfillment.</p>