Gibson v. School District No. 5 of Township of Vevay

• Decision Date: 24 April 1877
• Court: Michigan Supreme Court
• Parties: Douglas Gibson and another v. School District No. 5 of the Township of Vevay

36 Mich. 404

Douglas Gibson and another v. School District No. 5 of the Township of Vevay

Supreme Court of Michigan

April 24, 1877

Submitted on Briefs April 12, 1877

Error to Ingham Circuit.

This suit was brought by plaintiffs in error in justice's court, where they obtained judgment, and the school district took an appeal to the circuit. The cause in the circuit was tried by the court without a jury and the following special finding filed, viz.:

"This cause was tried before the court without a jury, and the following facts are found and conclusions of law deduced therefrom:

"First. That the defendant is a school district duly organized, and was such on the 7th day of March, 1871.

"Second. That on that day William M. Williams was director and Henry M. Rutly moderator, and signed and delivered to the payees therein named the following order:

'Township of Vevay, 'County of Ingham, State of Michigan 'March 7th, 1871.

'Mr , Township Treasurer:--Please accept, and, on or before the first day of February, 1872, pay Attaway & Barlow, or bearer, the sum of twenty-five dollars, out of the library school fund belonging to school district number five, in said township, with interest at ten per cent. if not paid when due, for a set of 'National Business Multiplication Charts,' purchased and received by us for the use of said district.

'William M. Williams, Director.'

Henry M. Rutly, Moderator.'

"Third. That the plaintiffs purchased and paid for this order about two weeks after it was given.

"Fourth. That it was given for the charts referred to in the order which were received by one of the officers signing the order that they consisted of a dozen or more charts or cards containing the multiplication table, practical forms of business contracts, and also brief mention of prominent historical events, and were designed for use in school-rooms but proved to be of no practical use or value as a means of instruction; that they have, ever since the purchase, been retained by the district; that there has been no effort on its part to return or re-deliver them to the persons of whom they were purchased, or to any one, and it has been the habit of the director of the district, during a portion of the time since the purchase, to place them in the school-house of the district at the commencement of school term for use, but they have not been found useful for the purpose for which they were designed and purchased--that is, as a means of instruction, and in point of fact were of no value for that purpose.

"Fifth. That the order was never presented to the township treasurer for acceptance or payment.

"Sixth. That at the time the charts were sold and the order signed the director and moderator were not together, but the agent of the payees, through whom they transacted the business, visited or called upon them separately, and to each represented that the district had...