Sparks v. Cash

Citations

• 103 S.C. 525
• 88 S.E. 259

Syllabus

<p>Schools and School Districts — Location op School Building — Discretion op Trustees — Agreement With Electors — Statute.—Under Civil Code 1912, sec. 1761, binding trustees of a school district in providing schoolhouses to exercise their discretion and judgment “so as best to promote the educational interests of their district,” electors of a school district, with whom the trustees agreed in writing to leave the location of a new school building to a vote of the electors of the district, had no legal rights under the agreement which the trustees were bound in law to respect or which could be enforced, since the trustees could not lawfully divest themselves of the power to exercise their own judgment, nor could they delegate the power to the electors.</p> <p>Footnote. — As to the validity of contract with reference to location of public buildings, see notes in 4 L. R. A. (N. S.) 589, and 8. A. & E. Ann. Cas. 484, and case of Sarratt v. Cash, post.</p>