Yoder v. School Dist. of Luzerne Tp., Fayette County

• Decision Date: 04 May 1960
• Citation: 160 A.2d 419,399 Pa. 425
• Parties: C. S. YODER, Appellant, v. SCHOOL DISTRICT OF LUZERNE TOWNSHIP, FAYETTE COUNTY, Pennsylvania.
• Court: Pennsylvania Supreme Court

160 A.2d 419

399 Pa. 425

C. S. YODER, Appellant, v. SCHOOL DISTRICT OF LUZERNE TOWNSHIP, FAYETTE COUNTY, Pennsylvania.

Supreme Court of Pennsylvania.

May 4, 1960.

David E. Cohen, Joseph W. Ray, Jr., Ray, Buck &amp John, Uniontown, for appellant.

Samuel J. Feigus, Uniontown, for appellee.

Before CHARLES ALVIN JONES, C. J., and MUSMANNO, BENJAMIN R. JONES COHEN, BOK and EAGEN, JJ.

BENJAMIN R JONES, Justice.

This appeal is from an order of the Court of Common Pleas of Fayette County in an assumpsit action wherein the court sustained appellee's preliminary objections and dismissed appellant's complaint.

C. S. Yoder, the appellant, instituted an assumpsit action against the Luzerne Township School District, Fayette County, to recover for work done and materials and supplies furnished in connection with the paving of certain school house playgrounds of the School District.

Yoder, a contractor, was the low bidder for such work and, on June 10, 1952, entered into a contract with the School District for 4,379 square yards of 6"' base, the contract price being $29,882.45. The contract provided that no extra work was to be done unless ordered in writing. Without complying with the provisions of the Public School Code respecting advertisement and without the benefit of a resolution of the School Board, the area surfaced by Yoder was increased to 10,240 square yards and the base changed from a 6"' to a 4"' base. These changes were made pursuant to oral directions of the School Directors who, singly or in groups, visited the job sites from time to time.

Yoder's original bid was $29,882.45. The final bill which he tendered to the School District was in the amount of $61,370., reduced by a credit for the use of 4"' instead of 6"' base, the net bill being $44,174.60. Yoder has already been paid $29,174.60 and now seeks to recover the balance of $15,000.

The School District filed preliminary objections to the complaint upon the grounds that (1) the facts alleged in the complaint did not set forth a contract for the extra work upon which the claim was based, and (2) the facts in the complaint disclosed that the extra work was not done in conformity with the provisions of the Public School Code of 1949, P.L. 30, and amendments thereto which require a public advertisement for bids for such contracts as well as formal corporate action thereon.

The trial court sustained the preliminary objections and dismissed the complaint with leave to Yoder to amend within twenty (20) days. Yoder, rather than amend his complaint, appealed to this Court.

The Act of March 10, 1949, P.L. 30, Art. V, sec. 508, 24 P.S. § 5-508 reads in part as follows: 'The affirmative vote of a majority of all the members of the board of school directors in every school district, duly recorded, showing how each member voted, shall be required in order to take action on the following subjects: * * * Entering into contracts of any kind, including contracts for the purchase of fuel or any supplies, where the amount involved exceeds one hundred dollars ($100) * * * Failure to comply with the provisions of this section shall render such acts of the board of school directors void and unenforcible.'

The Act of March 10, 1949, P.L. 30, Art. VII, § 751 as amended, 24 P.S. (Pkt.) § 7-751, provides as follows:

'(a) All construction, reconstruction, repairs, or work of any nature, including the introduction of plumbing, heating and ventilating, or lighting systems, upon any school building or upon any school property, made by any school district, where the entire cost, value, or amount of such construction, reconstruction, repairs, or work, including labor and material, shall exceed one thousand dollars ($1000), shall be done under a contract or contracts to be entered into by such school district with the lowest responsible bidder, upon proper terms, after due public notice has been given asking for competitive bids. The board of school directors shall, in its discretion, have prepared by an architect, engineer or other person preparing the specifications, separate specifications for construction, plumbing, heating and ventilating, and electrical work, or specifications covering all of the work of the building or project. The school district shall advertise for proposals on plans and specifications for the project determined to be undertaken and for bids covering the plans and specifications for the facilities, repairs or improvements intended to be contracted for. The board of school directors may receive separate bids on each of the branches of work or combinations thereof or a single bid on all the work. The board of school directors shall award the contract or contracts to the lowest responsible bidder or bidders: Provided, That if due to an emergency a school plant or any part thereof becomes unusable competitive bids for repairs or replacement may be solicited from at least three responsible bidders, and upon the approval of any of these bids by the State Superintendent of Public Instruction, the board of school directors may proceed at once to make the necessary repairs or replacements in accordance with the terms of said approved bid or bids.'

These sections are mandatory, not directory. Similar provisions in other s...