Western Wheeled Scraper Co. v. Butler Township
Western Wheeled Scraper Co. v. Butler Township
Opinion of the Court
Opinion by
David Mase and Daniel Wenner were the supervisors of Butler township for the year 1894. The plaintiff’s agent negotiated with Mase for the purchase of a road scraper to be paid for by delivering an old road scraper, which was owned by the township, and a note dated April 27, 1894, to the order of the plaintiff for $179, due one year after date. The note was signed by David Mase, supervisor, and Wenner, the other supervisor, was requested to sign it but refused.
The purchase of a road scraper cannot, with any show of reason, be held to be a duty imposed by law on supervisors ; it is not an indispensable implement but is often an experiment with a new venture. The propriety of such a purchase depends upon the character of the soil and roadbed ; the efficiency of the particular machine; its price and terms of payment; the financial condition of the township, and other matters which peculiarly demand the practical business judgment of the supervisors, before the township is made liable for a new debt.
In this case there was the added dilemma of fixing the value of the old machine, and whether it could be repaired (as was testified to by a number of witnesses) or should be exchanged for a new one. It was never intended that the consultation should be a constructive or vicarious one, but rather, an actual meeting of minds after a personal conference. One supervisor cannot commit his experience and business judgment to his
Reference
- Full Case Name
- Western Wheeled Scraper Company v. Butler Township
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Public officers — Supervisors—•Townships—Deliberate action of supervisors. While a single supervisor may bind the township' in a matter merely ministerial, he cannot do so where the business requires deliberation, consultation and judgment. In such a case the supervisors'should -consult and deliberate together, and though they-do not unite-in opinion, a majority may act when there are more-than two. Neither-the degree of consultation, nor the extent of deliberation can be defined,, as they depend upon the circumstances of each case; and in townships haViiig but two supervisors, more cannot be expected than that they shall honestly confer with each other, and fairly deliberate in the interest of the taxpayers before they attempt to bind the township by their action.1 One supervisor cannot commit his experience and business judgment to his colleague and delegate to him the power to think and act in his stead. The question whether the township shall buy a new road scraper, or exchange the old one for a new one, or repair the old one, is a matter, not merely ministerial, but is one involving consultation and deliberation, and cannot be decided by one supervisor without consultation on his part with the other supervisor, there being only two for the township.