Springfield Furniture Co. v. School District No. 4 of Faulkner County
| Decision Date | 02 December 1899 |
| Citation | 54 S.W. 217,67 Ark. 236 |
| Parties | SPRINGFIELD FURNITURE COMPANY v. SCHOOL DISTRICT NO. 4 OF FAULKNER COUNTY |
| Court | Arkansas Supreme Court |
Appeal from Faulkner Chancery Court, THOS. B. MARTIN, Chancellor.
STATEMENT BY THE COURT.
On the 30th day of June, 1897, the appellee filed a complaint in the Faulkner chancery court against the appellant and the county treasurer of Faulkner county, alleging that on June 23, 1896 A. K. Pearson, Gus Powers and W. M. Johnson were directors of plaintiff school district. That on said day the appellant made a pretended contract with said district through two of the directors, A. K. Pearson and Gus Powers, for the sale of school desks for $ 156.80, and received two school warrants in payment, signed by Pearson and Powers. That the warrants were registered with the county treasurer in January, 1897. That there was no meeting of the directors of the district at the time the contract was made and warrants issued, but that on a day shortly prior to June 23d there had been a meeting of the directors, at which meeting the proposition to buy desks had been considered, and it had been decided not to buy. That Johnson, one of the directors, did not sign the contracts or warrants and knew nothing of either the contract or warrants until they had been signed. That no meeting of the three directors was held, and no notice of a meeting was given, and, in fact, there was no meeting, but Pearson and Powers acted separately. That the desks were delivered to Pearson and Powers, who paid the freight on them, and took them to the plaintiff's schoolhouse. That said desks are in plaintiff's possession, many of them unpacked, and all in perfect condition, and plaintiff here and now offers to return them into court for the Springfield Furniture Company. Praying that the treasurer be enjoined from paying the warrants, and that they be declared null and void and canceled.
There was a temporary injunction issued on the day complaint was filed. The Springfield Furniture Company answered, alleging that the purchase was authorized by a regular meeting of the directors of the plaintiff district. That at said meeting a majority of the directors were present, and all had been legally notified of the meeting. That plaintiff accepted said furniture, used the same, and made no offer to return same for more than one year after accepting.
The testimony shows that in June, 1896, Pearson, Powers and Johnson were the directors of the district. That about one week before Pearson and Powers made the contract with the Furniture Company all the directors were present at a meeting when it was decided not to buy the desks. That Johnson did not know of the subsequent meeting held by Powers and Pearson, and was not notified of the meeting, and did not hear of the contract until about a week after it had been made. That Pearson and Powers held a meeting June 23, 1896 made and signed a contract for the purchase of forty desks signed the warrants and received the desks at the depot during the second week in July, took them to the schoolhouse and put up twenty-six of them, and the district used them one year in the school. After using the desks one year, they were...
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