Case brief 18 - supplied cannot be pleaded as an excuse for...

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Case brief 18: SOMMERS v. PUTNAM COUNTY BOARD OF EDUCATION et al. June 16, 1925. Facts: The plaintiff was father of 4 children of compulsory school age, all of whom were under the age of 18. They resided more than 4miles from any high school. The school refused to transport his 4 children to school, so plaintiff was compelled to transport his children to and from his residence to said high school. He itemized bill for the expenditure to ask for sum of $397 but school refused. Issue: Whether or not should the school be responsible to pay the money which the plaintiff asked for? Constructive contract? Holding: The demurrer will be overruled, and the judgment was reversed. Rationale: By the General Code, Passing to the question of the appropriateness of the intervention of the parent, the father was surely the proper person to perform the obligation. It is his obligation to see that his children attend school, and the fact that the transportation has not been
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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.

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