Parkhurst v. City of Revere

• Decision Date: 28 May 1928
• Citation: 161 N.E. 599,263 Mass. 364
• Parties: PARKHURST et al. v. CITY OF REVERE.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

263 Mass. 364

161 N.E. 599

PARKHURST et al.

v.CITY OF REVERE.

Supreme Judicial Court of Massachusetts, Suffolk.

May 28, 1928.

Exceptions from Superior Court, Suffolk County; E. B. Bishop, Judge.

Action by Lewis Parkhurst and others against the City of Revere. On exceptions of plaintiffs and defendant and on appeal by defendant from an order for judgment in favor of plaintiffs. Plaintiffs' exceptions overruled, and defendant's exceptions sustained, and judgment rendered.

1. Schools and school districts k168-Law requiring school committee to purchase text-books at expense of town is mandatory (G. L. c. 71, s 48; c. 4, s 7, cl. 34).

G. L. c. 71, s 48, providing in part that school committee shall, at the expense of town, which in accordance with chapter 4, s 7, cl. 34, includes city, purchase text-books, is mandatory.

2. Schools and school districts k121-Seller of text-books to school committee after appropriation had been expended could not recover without proving original estimate included amount sufficient to pay therefor (St. 1914 c. 687, s 49; G. L. c. 44).

Seller of text-books to school committee after appropriation for books had been expended, with no money available as payment therefor, has burden of proving, before recovery could be had, that estimate submitted pursuant to St. 1914, c. 687, s 49, originally included amount sufficient to pay for such books, since school committee under such section has no authority to incur liability beyond aggregate appropriation granted by council, and provisions of G. L. c. 44, were intended to place municipal expenditures on strict budget basis.

3. Schools and school districts k80(1)-Orders by school committee for $200 or more are not valid until approved by mayor (St. 1914, c. 687, s 41; G. L. c. 71, s 48).

Under St. 1914, c. 687, s 41, and G. L. c. 71, s 48, orders for text-books for $200 or more by the school committee are not valid until approved by the mayor.

R. Wait, of Medford, for plaintiffs.

J. A. Di Pesa, City Sol., of Boston (A. D. Diamond and P. Mondello, both of Boston, of counsel), for defendant.

CROSBY, J.

This is an action of contract to recover, on an account annexed, $1,226.99, the purchase price of certain text-books sold by the plaintiffs to the defendant in 1921. The defendant's answer is a general denial and payment. The case was heard upon an agreed statement of facts by the trial judge, who ruled and found that the plaintiffs were entitledto recover on all orders for less than $200. The case is before this court upon exceptions of the plaintiffs and of the defendant, and also upon an appeal taken by the defendant from an order for judgment in favor of the plaintiffs.

Material portions of the agreed facts are as follows: On October 20, 1921, the super-intendent of schools of the defendant city wrote to Ginn & Co., a partnership in which the plaintiffs are copartners, stating that the school department had no funds available for text-books; that the school committee had voted and directed him to make such purchases thereof as were necessary regardless of appropriations; that bills so contracted might not be paid until after the first of January, and that if Ginn & Co. were willing to sell text-books under those conditions they could ship the text-books therein described to the school department. On November 23, 26 and 28, and December 2, 1921, the superintendent wrote to Ginn & Co. letters in the same form ordering additional text-books. Again on December 8, 1921, a letter was sent by the superintendent ordering certain text-books and requesting that the bills therefor be sent to the school department. At the time he wrote each letter the superintendent knew the condition of the accounts of the school department. The plaintiffs knew only what was stated in the letters.

The vote of the school committee referred to above was passed at a meeting held on October 14, 1921, and read as follows:

‘Whereas-the duty of maintaining schools of proper standard in the city of Revere, and the furnishing of sufficient text-books, supplies, and apparatus is laid upon the school committee by law, and

‘Whereas-the school committee is unable to furnish instruction up to the standard to which our children are entitled, because of insufficient text-books, supplies, and apparatus, thereby causing a most serious emergency, and

‘Whereas-the city government of Revere has failed to furnish sufficient funds upon request of the school committee necessary to maintain the schools properly, and as required by law, therefore be it.

‘Resolved-that the school committee should and shall purchase such text-books, supplies, apparatus, and furnishings as are needed for the schools, even though such purchase shall result in expenditures in excess of the appropriation of the school committee.

‘Mr. Jackson--

‘Moved that the superintendent be instructed to purchase such text-books, supplies, apparatus, and furnishings as may be needed-all purchases to be subject to the approval of the proper subcommittees. Voted.

‘Mr. Jackson--

‘Moved that the communication from Mr. Kingsley be received, entered in the records, acknowledgment made expressing the appreciation of the school committee, and that a copy of Mr. Kingsley's letter together with the resolution adopted and the motion passed in regard to the purchase of books, etc., be sent to his honor, the mayor, and the city council. Voted.’

This vote was passed after consideration by the school committee of a report made by one Kingsley, state supervisor of high schools, relative to the supply of text-books in the Revere schools. The text-books ordered from the plaintiffs by the letters of the superintendent were reasonably necessary for the proper maintenance of the defendant's schools.

The school committee in the month of January, 1921, in accordance with the provisions of St. 1914, c. 687, § 49 (city charter of Revere) submitted to the mayor of Revere an estimate in detail of the amount which it deemed necessary to expend for the care and maintenance of the schools during the succeeding financial year, and included...