Strauch

This is an action to recover the value, or in lieu thereof the possession, of certain electrical heating equipment furnished by the plaintiff to the defendant. The cause was submitted to the trial court upon an agreed statement of facts. Findings and conclusions of law were expressly waived and judgment was entered against the defendant for the value of the equipment.

The facts are as follows: About the month of December, 1927, the clerk of defendant’s board of trustees placed an order with plaintiff for several electrical heaters to be installed in defendant’s school building, the price being $1950. Thereafter the equipment was installed, and defendant has ever since used the same for heating purposes. The order was given without a previous notice or call for bids by the trustees, and no bid was made by plaintiff. At the time the order was placed and the equipment delivered no emergency existed whereby any repairs, alterations, work or improvement was necessary to permit the continuance of existing school classes, and the order was not placed or accepted pursuant to the unanimous or any vote of the trustees of defendant or with the approval of the county superintendent of…