Appeal, No. 79, March T., 1953, from order of Court of Common Pleas of Butler County, Dec. T., 1952, No. 26, in case of The School District of Butler Township v. The School District of the City of Butler. Order affirmed; reargument refused June 26, 1953.
Darrell L. Gregg, with him Luther C. Braham and Galbreath, Braham & Gregg, for appellant.
Zeno F. Henninger, with him William C. Robinson, John H. Jackson, Henninger & Robinson and Jackson & Troutman, for appellee.
Before Stern, C.j., Stearne, Jones, Chidsey, Musmanno and Arnold, JJ.
OPINION BY MR. JUSTICE ARNOLD
This is a proceeding for a declaratory judgment to construe a contract of jointure entered into between the plaintiff, The School District of Butler Township, Butler County, Pennsylvania, and defendant, The School District of the City of Butler.
On July 16, 1951, the plaintiff and the defendant, two third class school districts, entered into a general contract for joint operation of the school.
No complaint is made as to the power of the respective school districts to enter into such a contract, nor that said contract was not legally consummated. The contract itself was made under § 1701 et seq. of the Public School Code of 1949, 24 PS § 17-1701 et seq.
Pursuant to appropriate resolutions, and by authority of the above sections of the School Code, the respective school districts entered into a "Jointure Agreement." This contained the following provisions:
"21. This agreement shall be effective upon approval by a majority vote of the City of Butler School Board and the Butler Township School Board. This agreement shall include the total operations of the Joint School District for the 1951-1952 school year."
"22. This agreement may be modified, supplemented, or terminated only by a ...