Clark v. the Sch. Directors of Dist. No. 1

• Court: Illinois Supreme Court
• Writing for the Court: SHELDON
• Citation: Clark v. the Sch. Directors of Dist. No. 1, 78 Ill. 474, 1875 WL 8515 (Ill. 1875)
• Decision Date: 30 September 1875
• Parties: JAMES H. CLARK et al.v.THE SCHOOL DIRECTORS OF DISTRICT NO. 1, etc.

78 Ill. 474

1875 WL 8515 (Ill.)

JAMES H. CLARK et al.

v.THE SCHOOL DIRECTORS OF DISTRICT NO. 1, etc.

Supreme Court of Illinois.

September Term, 1875.

WRIT OF ERROR to the Circuit Court of Iroquois county; the Hon. N. J. PILLSBURY, Judge, presiding.

Messrs. ROFF & HARRIS, for the plaintiffs in error.

Messrs. HOLLAND & AYERS, and Mr. S. G. BOVEE, for the defendant in error.

Mr. JUSTICE SHELDON delivered the opinion of the Court:

This was a suit, originally commenced before a justice of the peace, in favor of Clark & Lake, against The School Directors of District No. 1, Town. 27, Iroquois county, Illinois, where a verdict and judgment were rendered in favor of the defendants. On appeal by plaintiffs to the circuit court, a like verdict and judgment were there rendered against them, from which latter judgment they bring this writ of error.

The record shows, that, on the trial in the circuit court, the plaintiffs offered to prove, that on the 26th day of October, 1871, one Riggs, agent for the plaintiffs, sold to the defendants, through two of its directors, certain school apparatus, consisting of one school set of stereoscopic views, with scope, and elements of geography and history, at the price of $53, to be paid for in one year, with interest at six per cent, and ten per cent after due, and took from the defendants an order for the purchase price and interest, as follows:

+------------------------------+
                ¦STATE OF ILLINOIS,    ¦)¦ss.  ¦
                +----------------------+-+-----¦
                ¦County of Iroquois,   ¦)¦     ¦
                +------------------------------+
                

Oct. 26, 1871.

Treasurer of township 27 north, range No. 14, in said county, on or before the first day of April, 1872, pay to Clark, Lake & Co., or bearer, the sum of $53, out of any money belonging to school district No. 1, in said township, for one school set of stereoscopic views, with scope, and elements of geography and history, with interest, at the rate of six per cent, and ten per cent on the amount after due.

PETER BROUILLETTE,

SMART WALKER,

School Directors.

That the school apparatus was delivered to the defendants, accepted, and used in their school, and what was its value; that after the time of payment had expired, the order was duly presented for payment, and payment refused, not for want of surplus funds with which to pay it, but upon the ground that the order was void upon its face; that the defendants refused to draw another order to pay anything whatever for the goods. But the circuit court refused to permit such proof to be given to the jury, and no other evidence being offered, the jury returned a verdict for the defendants.

The error assigned is, the exclusion of this offered testimony. By the statute, the directors of a school...