Springfield Furniture Co. v. School Dist. No. 4

Decision Date02 December 1899
Citation54 S.W. 217
PartiesSPRINGFIELD FURNITURE CO. v. SCHOOL DIST. NO. 4 OF FAULKNER COUNTY.
CourtArkansas Supreme Court

Suit by school district No. 4 of Faulkner county against the Springfield Furniture Company for an injunction. From a decree for plaintiff, defendant appeals. Reversed, and complaint dismissed.

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 to not buy; that Johnson, one of the directors, did not sign the contract 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 school house; 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...

To continue reading

Request your trial
22 cases
  • Scott County, Ark. v. Advance-Rumley Thresher Co.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • March 16, 1923
    ... ... assignor could have done so. Independent School Dist. of ... Sioux City, Iowa, v. Rew, 111 F. 1, 49 ... 4,516 of Gantt's Digest of the Statutes of Arkansas, ... and ... To the ... same effect are Springfield Furniture Co. v. School Dist ... No. 4 of Faulkner ... ...
  • A. H. Andrews Co. v. Delight Special School District
    • United States
    • Arkansas Supreme Court
    • May 2, 1910
    ...83 Ark. 491; 52 Ark. 511. The school district is estopped to deny the validity of the contract. 87 Ark. 389; 40 Ark. 105; 61 Ark. 397; 67 Ark. 236; 81 Ark. 244; 82 531; 81 Ark. 143; 83 Ark. 275. Such a contract may be ratified, and thus made binding on the school district. 39 Kan. 347; 35 N......
  • Merchants' Bank & Trust Co. Scott County
    • United States
    • Mississippi Supreme Court
    • February 13, 1933
    ... ... 1) ... [165 ... Miss. 92] ... 4 ... ESTOPPEL. Order of loard of supervisors reciting due ... 961, 107 ... Miss. 952; Tallahatchie D. Dist. v. Yocona-Tallahatchie ... D. Dist., 114 So. 264, 267, ... 676, 684, 19 L.Ed. 1040; ... Springfield Furniture Co. v. School Dist. No. 4 of ... Faulkner ... ...
  • Flanagan v. Drainage District No. 17
    • United States
    • Arkansas Supreme Court
    • January 30, 1928
    ... ... made in establishing the levels of Improvement No. 48; (4) ... that, on account of said error, Improvement District ... Company v. School Dist. No. 4, Faulkner ... County, 67 Ark. 236, 54 S.W ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT