Frank v. Board of Education of Jersey City

100 A. 211 (1917)

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Frank v. Board of Education of Jersey City

New Jersey Court of Errors and Appeals
100 A. 211 (1917)

EL

Facts

The Board of Education of Jersey City (the board) (defendant) paid for labor and materials supplied by a contractor (plaintiff). Over a period of years, either the school district’s supervising architect or the vice principal gave a series of work orders to the contractor. Each time, the contractor would fulfill the work orders, and then the board of education would pay the contractor for his work. Most of the projects the contractor contributed to the district involved emergency work orders. None of the contractor’s projects required a meeting of the board or a vote to approve the work. Three years after the contractor finished his last project for the school district, the school board refused to pay for the contractor’s labor or materials. The contractor sued the board in state court, alleging failure to pay for contracted goods and services. The board alleged it should not have to pay for the project, arguing that the project was not solicited by a person with contracting authority, because neither the supervising architect nor the vice principal was a proper agent of the school board. The trial court found in favor of the contractor and granted his motion for a directed verdict. The board appealed to New Jersey’s highest court.

Rule of Law

Issue

Holding and Reasoning (Black, J.)

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