Blankenship v. School Dist. 28 of Wyandotte County

• Decision Date: 05 November 1932
• Docket Number: 30536.
• Citation: 15 P.2d 438,136 Kan. 313
• Parties: BLANKENSHIP et al. v. SCHOOL DIST. NO. 28 OF WYANDOTTE COUNTY.
• Court: Kansas Supreme Court

15 P.2d 438

136 Kan. 313

BLANKENSHIP et al. v. SCHOOL DIST. NO. 28 OF WYANDOTTE COUNTY.

No. 30536.

Supreme Court of Kansas

November 5, 1932

Syllabus by the Court.

Proffered oral evidence on motion for new trial, not produced in some record form, cannot be considered (Rev. St. 1923, 60-- 3004).

In absence of special written contract providing otherwise improvement attached to realty becomes property of landowner (Rev. St. 1923, 33--106; Rev. St. Supp. 1931, 33--106).

Agreement that annex to district school building for club purposes when constructed, should remain property of community club held beyond authority of school board.

Room annexed by community club to school building for club purposes became part of school district's property, and therefore community club could not recover share of proceeds of fire insurance upon building.

Plaintiffs donated money and provided labor and materials to build an annex to a rural schoolhouse pursuant to an informal understanding with the members of the school board that it should be used by plaintiffs as a clubroom and as a stage for recitals by pupils in school programs. When the annex was completed, the school district increased its fire insurance on the schoolhouse from $1,300 to $2,500. The schoolhouse was destroyed by fire, and the district collected the insurance. Plaintiffs sued for $1,200 of that amount. At the conclusion of their evidence, a demurrer thereto was sustained.

Held:

(a) Rejection of proffered oral evidence, not produced in some record form in support of a motion for a new trial, is not subject to appellate review;

(b) In the absence of a special contract in writing providing otherwise, an improvement attached to real estate becomes part of it and is the property of the landowner;

(c) The school board was wholly without power to make a binding agreement that the annex when constructed should be the property of plaintiffs; and

(d) Plaintiffs have no claim to any part of the proceeds of the insurance money collected by the school district.

Appeal from District Court, Wyandotte County, Division No. 2; Clyde C. Glandon, Judge.

Action by May Blankenship and others, as the Walker Community Club of District No. 28, and as individuals, against School District No. 28 of Wyandotte County. Judgment for the defendant, and the plaintiffs appeal.

Room annexed by community club to school building for club purposes became part of school district's property, and therefore community club could not recover share of proceeds of fire insurance upon building.

David F. Carson and William Drennan, both of Kansas City, for appellants.

James F. Getty, of Kansas City, for appellee.

DAWSON J.

Plaintiffs brought this suit for part of the proceeds of an insurance policy which covered a schoolhouse that was burned. They were defeated and appeal.

The facts in brief were these:

Plaintiffs represent a group of women calling themselves the Walker Community Club. They reside in and around school district No. 28 a short distance north of Bonner Springs. They are interested in community welfare. In 1927 plaintiffs had about $600 in money which they desired to expend in the construction of an annex to the public schoolhouse in the defendant district. They proposed that this annex should serve the double purpose of a stage for recitals in school exercises and as a clubroom for plaintiffs in their social work. The members of the school board informally acquiesced in this project, and $150 of the district's funds were contributed to it. Plaintiffs induced their husbands and others to donate work; local business men supplied materials at reduced prices; and some time in the spring of 1928 the annex was completed. Plaintiffs placed a piano in the annex, and supplied chairs, a stage curtain, and other equipment. They used the annex for their club activities. The annex was also used as a stage by the school children in occasional programs in connection with their school work. A basement under the annex was used for storing fuel for the schoolhouse.

Prior to the construction of the annex, the district carried a policy of fire insurance on the schoolhouse for $1,300. After the annex was added, the policy was changed to one for $2,500, which the defendant district paid for. Plaintiffs carried a separate policy of insurance on the piano.

In August, 1928, the schoolhouse was destroyed by fire, and defendant collected the insurance. Plaintiffs laid claim to $1,200 of the amount collected. This claim was ignored, and this lawsuit followed.

Plaintiffs' petition alleged that they built the annex with the consent and approval of the members of the defendant school board. They also allege that it was agreed between plaintiffs and the school board that the annex should be the exclusive property of the Walker Community Club, and that its cost was $1,200. Plaintiffs also alleged that the annex never was the property of the school district, and that $1,200 of the insurance money collected by defendant belonged to plaintiffs, and that defendant refused to pay that sum to plaintiffs, "to the damage of the plaintiffs" in the sum of $1,200.

Defendant answered with a general denial, but admitted the construction of the annex, and alleged:

"That the plaintiffs, in constructing said addition tore out some of the partitions of the school building then

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