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LOUIS E. RUDOLPH AND KAPALKO PONTIAC COMPANY v. ALBERT GALLATIN SCHOOL DISTRICT (07/10/81)

decided: July 10, 1981.

LOUIS E. RUDOLPH AND KAPALKO PONTIAC COMPANY, A PARTNERSHIP, APPELLANTS
v.
ALBERT GALLATIN SCHOOL DISTRICT, APPELLEE



Appeal from the Order of the Court of Common Pleas of Fayette County in the case of Louis E. Rudolph and Kapalko Pontiac Company, a partnership v. Albert Gallatin School District, No. 2683 of 1979, G.D.

COUNSEL

William M. Radcliffe, with him Charles O. Zebley, Jr., Coldren & Coldren, for appellants.

Gerald R. Solomon, for appellee.

President Judge Crumlish and Judges Blatt and Williams, Jr., sitting as a panel of three. Opinion by President Judge Crumlish.

Author: Crumlish

[ 60 Pa. Commw. Page 456]

Lewis E. Rudolph and Kapalko Pontiac Company (Rudolph) appeal an order of the Fayette County Common Pleas Court allowing a demurrer filed by the Albert Gallatin School District. We reverse and remand.

[ 60 Pa. Commw. Page 457]

This matter involves an alleged oral contract between Rudolph and the School District for an amount due for bus services rendered by Rudolph for ten school days during the 1976 school year. By way of preliminary objection, in the form of a motion in the nature of a demurrer, the District asserts that Rudolph has failed to state a cause of action in that the alleged oral contract was never formally ratified by the School Board as required by Section 508 of the Public School Code.*fn1 The lower court sustained the demurrer.

Section 508 of the Public School Code provides in part:

The affirmative vote of a majority of all the members of the board of school directors in every school district, duly recorded, showing how each member voted, shall be required in order to take action on the following subjects:

Entering into contracts of any kind, including contracts for the purchase of fuel or any supplies, where the amount involved exceeds one hundred dollars ($100).

Failure to comply with the provisions of this section shall render such act of the board of school ...


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