Unformatted text preview: supplied cannot be pleaded as an excuse for his failure to send such children to school, or as an excuse for the failure of the children to attend school. The performance of this legal obligation was a benefit to the school boards because it saved them from the necessity of performing the duty themselves. Hence the retention of the benefit was inequitable, although there was no contract between the parties. It would be unjust to permit those who failed to perform a duty which was a matter of such public concern to retain the benefit bestowed upon them by the plaintiff in error. In this case the plaintiff in error has proceeded to perform the duty enjoined by statute upon the school boards. He therefore, through no fault of his own, has been placed in a position where it would be futile to resort to mandamus. So the school couldn’t pay the money....
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This note was uploaded on 11/22/2011 for the course BUS 401 taught by Professor Terrywilson during the Spring '11 term at Solano Community College.
- Spring '11