Jasper County Democrat, Volume 16, Number 100, Rensselaer, Jasper County, 21 March 1914 — TOWNSHIP MIST PAY. [ARTICLE]

TOWNSHIP MIST PAY.

Appellate Court Reverses Jasper Circuit Court in the Case of Everett Greenlee. The appellate court has reversed the Jasper circuit court for refusing to give Everett Greenlee pay for hauling his two small children from an abandoned school district to school in another district. The action was against the Newton school township pm! the trial' court sustained a demurrer to Greenlee's complaint because the contract was declared to be oral and for a reasonable compensation for the service. The township also contended that the complaint was not sufficient ly specific in many ways to charge Lability. The appellatp court overrules all these objections, holding the complaint shows the school district was abandoned and that the question of roads was a matter of defense and that in the matter of Ihe transportation of school children the statutory rules restricting the trustee’s right to contract, do not apply and he may make a valid oral contract without advertising the letting of the contract. j

The court holds that though there V'as no definite agreement regarding the amount to be paid for the services, Greenlee having hauled the two children to and from school in dependence on the trustee’s promise to pay a reasonable sum for the service, the township can not now escape payment. The cause is reversed with orders to overrule the rlemurrer to the complaint.