Hebert v. Livingston Parish School Bd.

438 So. 2d 1141, 14 Educ. L. Rep. 237
CourtLouisiana Court of Appeal
DecidedOctober 11, 1983
Docket82 CA 1024
StatusPublished
Cited by8 cases

This text of 438 So. 2d 1141 (Hebert v. Livingston Parish School Bd.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hebert v. Livingston Parish School Bd., 438 So. 2d 1141, 14 Educ. L. Rep. 237 (La. Ct. App. 1983).

Opinion

438 So.2d 1141 (1983)

Michael HEBERT, d/b/a Associated Artists Agency
v.
LIVINGSTON PARISH SCHOOL BOARD, Melvin E. Brown, and Wayne Howes.

No. 82 CA 1024.

Court of Appeal of Louisiana, First Circuit.

October 11, 1983.
Rehearing Denied November 22, 1983.

*1142 G. Paul Marx, Lafayette, for plaintiff.

J. Donald Cascio, Denham Springs, Myron A. Walker, Baton Rouge, for defendants.

Before LOTTINGER, EDWARDS and ALFORD, JJ.

LOTTINGER, Judge.

This is an action for breach of contract seeking damages, costs and attorney fees. Plaintiff, Michael Hebert, d/b/a Associated Artists Agency, sued defendants, Livingston Parish School Board, Melvin Brown, and Wayne Howes, alleging the breach of a contract under which plaintiff was to provide musical entertainment at the Springfield High School junior prom. The contract was signed by Wayne Howes in his capacity as junior class sponsor at Springfield High School, and was approved by Melvin Brown, principal of the school. Both Brown and Howes are employees of the defendant school board.

After a trial on the merits, the trial court found that none of the defendants named were parties to the contract, and that the contract was executed between plaintiff and the Springfield High School junior class. Accordingly, plaintiff's suit was dismissed, and this devolutive appeal followed.

FACTS

Shortly after the commencement of the 1980-1981 school year, the junior class at Springfield High School conducted a meeting to make preparations for the junior prom to be held in the spring of 1981. Different committees, including an entertainment committee, were selected. A suggestion was made that the musical entertainment for the junior prom be that of a "sound system," meaning a highly amplified disc-jockey show with a light show, records *1143 and tapes. Live bands customarily had been engaged at previous proms. The suggestion to engage a "sound system" rather than a live band was referred to the entertainment committee, where the suggestion was adopted. This decision was approved unanimously by the junior class. Subsequently, the members of the junior class chose the Music Machine, a sound system operated by plaintiff, over several other systems available.

Deanie Herring, as chairperson of the entertainment committee, contacted plaintiff to procure the Music Machine for the prom. A written contract was sent to Miss Herring by plaintiff, with instructions that the contract had to be signed by a faculty representative. The contract is dated November 19, 1980, and is signed by plaintiff and by Wayne Howes as the "Representative" of the Springfield High School junior class, designated as "Employer." It is not readily apparent from the face of the contract whether the Music Machine, designated as "Employee," is a band or a disc-jockey service.

Wayne Howes, prior to signing the contract, showed the document to his principal, Melvin Brown. Both faculty members testified that they thought the Music Machine was a performing band. After Brown approved the contract, the contract was signed by Howes and returned to plaintiff.

Brown and Howes testified that some months later, in February of 1981, they became aware that the music for the prom was not that of a live band. Using a discjockey sound system for the junior prom was deemed inappropriate by Brown, and on March 11, 1981, Brown and Howes wrote to plaintiff, informing him the services of the Music Machine would not be required for the night of the prom, May 2, 1981.

After unsuccessfully attempting to rebook the date, plaintiff demanded payment of the $500.00 fee stated in the contract, inasmuch as the contract provided for payment of the fee in case of cancellation without the written consent of the employee. The instant action followed.

SPECIFICATIONS OF ERROR

Plaintiff-appellant, Michael Hebert, d/b/a Associated Artists Agency, assigns the following specifications of error:

1. The district court erred in failing to hold the Livingston Parish School Board to the obligation of a contract negotiated by a person with apparent authority to bind the Board.
2. The district court erred in failing to bind the Livingston Parish School Board by the acts of Wayne Howes and Melvin Brown, its agents in fact.
3. The district court erred in finding that appellant has a contract with the junior class of Springfield High, which is not a legal entity capable of contracting.
4. The district court erred in failing to impose liability upon appellee Melvin Brown, principal of Springfield High, despite finding that he prevented performance of the contract.
5. The district court erred in refusing to enforce the contract based on an error which had no relation to the principal motive of the contract.

SPECIFICATION OF ERROR NO. 3

The trial court held that the only parties to the contract were plaintiff and the Springfield High junior class, which was designated in the contract as the "Employer." Plaintiff argues that the Springfield High junior class is not a legal entity capable of contracting.

We agree. The junior class is but an administrative classification of certain students at Springfield High, which is an administrative subdivision of the subject school district. Moreover, at the time the contract was executed, the members of the class were unemancipated minors[1] who by law are incapable of contracting, La.Civ. Code art. 1785. Nor can it be said that *1144 Wayne Howes signed the contract as the agent of the students, since as unemancipated minors, the students were incapable of contracting through an agent.[2] Thus, the trial court erred in holding that the Springfield High School junior class was a party to the contract.

SPECIFICATIONS OF ERROR NOS. 1, 2 AND 4

Inasmuch as a prom is a legitimate school function, plaintiff argues that the Livingston Parish School Board is bound by the contract signed by its employee, Wayne Howes. Plaintiff contends that Howes was the agent in fact of the school board and in the alternative argues that Howes was vested with apparent authority to bind the school board.

With the latter proposition we cannot agree. The fact that one person is the employee of another does not of necessity make him an agent of his employer, since the two relationships cannot be equated, Blanchard v. Ogima, 253 La. 34, 215 So.2d 902 (1968). In Lowe & Campbell Sporting Goods Co. v. Tangipahoa Parish School Board, 15 So.2d 98 (La.App. 1st Cir.1943), reversed on other grounds, 207 La. 52, 20 So.2d 422 (1944), this court stated that a merchant could not rely on the apparent authority[3] of a school principal or athletic coach to bind a school board to a contract for the purchase of football equipment to be used by the school team, and that actual authority was required.

Nonetheless, we are of the opinion that Melvin Brown held actual authority to bind the school board in this instance. La.R.S. 17:414.1 reads as follows:

"The principal appointed by the parish or city school board for each public elementary and secondary school shall serve, under the overall direction of the parish or city superintendent of schools, as the administrative officer of the school to which he is assigned.

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Cite This Page — Counsel Stack

Bluebook (online)
438 So. 2d 1141, 14 Educ. L. Rep. 237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hebert-v-livingston-parish-school-bd-lactapp-1983.