Board of Education of Union Free School District No. 1 v. Mapes

Majority

p. 654

The Board of Education of Union Free School District No. 1, of the Town of Westchester, Resp’t, v. Henry C. Mapes et al., App’lts.1

(Supreme Court, General Term,, Second Department,

Filed June 25, 1888.)

Headnote

Schools—Board or education—Power to employ broker to purchase; SITE ROR SCHOOL.

If a board of education has the power to employ a broker to purchase land for a school site, it has power to adopt a valuable service, rendered by such broker, even if irregularly obtained and pay for it.

Motion for re-argument.

Martin J. Keogh, for app’lts; H. C. Henderson, for resp’t,

There is no case made for a reargument. The defendant was a broker and as such had purchased a. site for a school at the request of the plaintiffs. The plaintiffs had paid the fee and subsequently brought this action to recover it back. The court at the trial term ordered, judgment for the plaintiff upon the ground that the defendant was employed by a committee of the plaintiff and that, therefore the plaintiff had-no power to pay the broker’s commission. We thought that the employment was sufficient, and that if the plaintiffs had power of employment of a broker, it had the power to adopt a valuable service, even if irregularly obtained, and pay for it. The case is not of sufficient importance either in the amount, which is small, or in principle at issue to go to the court of appeals.

The motion is therefore denied with ten dollars costs. Dykman and Pratt, JJ., concur.