{
  "id": 1425548,
  "name": "Board of Improvement of Paving Improvement District No. 23 v. Matheney",
  "name_abbreviation": "Board of Improvement of Paving Improvement District No. 23 v. Matheney",
  "decision_date": "1934-10-08",
  "docket_number": "4-3508",
  "first_page": "957",
  "last_page": "961",
  "citations": [
    {
      "type": "official",
      "cite": "189 Ark. 957"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "11 S. W. (2d) 469",
      "category": "reporters:state_regional",
      "reporter": "S.W.2d",
      "opinion_index": 0
    },
    {
      "cite": "178 Ark. 588",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1397076
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/178/0588-01"
      ]
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    {
      "cite": "235 S. W. 399",
      "category": "reporters:state_regional",
      "reporter": "S.W.",
      "opinion_index": 0
    },
    {
      "cite": "151 Ark. 47",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1366071
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/151/0047-01"
      ]
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  "analysis": {
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  "last_updated": "2023-07-14T16:25:52.773578+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Board of Improvement of Paving Improvement District No. 23 v. Matheney."
    ],
    "opinions": [
      {
        "text": "Johnson, C. J.\nAppellant Paving Improvement District No. 23 of El Dorado was organized in 1927, and immediately thereafter appellee Matheney was employed as attorney for the district. The services rendered and to be rendered bj? the attorney were the usual and ordinary ones consisting of collecting past-due assessments of benefits,, bringing suits to enforce payment of such past-due assessments and representing the district generally in its litigation. Appellee\u2019s contract of employment with appellant district is evidenced by the minutes of the board of date June 4, 1927, and expressly provides compensation to the amount of 75 per cent, of all penalties collected against defaulting property in the district. On June 25,1928, appellee\u2019s contract was amended, and his compensation increased to all the penalties collected against delinquent property. This contract is evidenced by the minutes of the board meeting of that date. On March 2, 1931, appellee was employed by the district as collector of all assessments of benefits due the district, and his compensation as such was fixed by the board at 3 per cent, of all collections effected. This contract is evidenced by the minutes of the meeting of the board of that date.\nAppellants, Board of Commissioners, was reorganized in the early part of 1933, and appellee\u2019s services as attorney and collector were dispensed with by the new board, and soon thereafter this suit was instituted for an accounting'. Upon trial the chancellor stated the account as follows:\nBalance alleged due under the complaint..................$4,006.60 CREDITS\nItem 1 \u2014 Penalties ...........................................................................$1,451.27\nItem 2 \u2014 3% Collector\u2019s commission on $9,392.90 ........................................................ 281.78\nItem 3 \u2014 3% on former Collector\u2019s shortage of $960.25 ..........................................................................v..... 28.81\nItem 4 \u2014 3% on T. N. Wilson tax of $1,111.25...... 33.33\nItem 5 \u2014 3\u00b0/o on State aid vouchers, $1,031.17...... 30.93\nItem 7 \u2014 Expenses of collection, 1919........................ 15.00\nItem 8 \u2014 Expenses as collector, 1931........................... 24.76\nItem 9 \u2014 Expenses as collector, 1932................. 26.80\nItem 10 \u2014 Investment of district in properties acquired in 1930-1931............................................. 534.25\nItem 11 \u2014 Additional court costs paid on same...... 23.70\nItem 12 \u2014 Investment in district properties acquired in 1932...................................................... 698.80\n$4,006.60 $3,149.43 Less Credits..............................$3,149.43\nBalance .........................................$ 857.17\nIMPROPER CHARGES\nItem 1 \u2014 Voucher for $107.65.......................................................$107.65\nItem 3 \u2014 Charles Carpenter 1927 tax.................................... 36.00\nItem 4 \u2014 Mrs. Kate Harris, interest....................................... 31.08\nItem 5 \u2014 Expenses paid by district on district property ................................................................................ 412.90\n\u2019 $857.17 $587.63\nLess improper charges .........$587.63\nBalance due from defendant to plaintiff.................................$269.54\nAnd entered a decree accordingly, from which this appeal is prosecuted by appellant district.\nAppellant\u2019s first contention is that item one allowed to appellee by the court aggregating $1,451.27, same being penalties collected by appellee from delinquent lands is unlawful, unauthorized and improvident. This allowance is based upon an express contract of the board of improvement with appellee, and was faithfully performed by all parties thereto over a period of approximately six years. The law is well settled in this State that boards of commissioners of improvement districts have full power and authority to make contracts \u2014 such as the ones here under consideration \u2014 save only that the compensation awarded by such contracts must be reasonable.\nIn Bowman Engineering Co. v. Missouri Highway District, 151 Ark. 47, 235 S. W. 399, we stated the rule as follows: \u201cThe commissioners have power to make contracts, but tke3 are trustees of the property owners, and can only make reasonable ones. The owners of the property have a right to challenge the validity of such contracts by showing that the3 are unreasonable. Of course, in testing the validdy of such contracts, the court should not substitute its own judgment primarily for that of the commissioners, the authority- to make the contract being-lodged by the lawmakers in the commissioners, but the inquiry of the court is to determine whether or not the contract is so improvident as to demonstrate its unreasonableness. \u2019 \u2019\nAgain in Martin v. Street Improvement District No. 349, 178 Ark. 588, 11 S. W. (2d) 469, we restated the rule as follows: \u201cAs the commissioners had the right to contract with appellant in regard to his fee as attorney, their contract is binding unless it be found that the contract was so improvident as to demonstrate its unreasonableness, and unless and until its improvidence be first found as a fact, the question of its reasonableness does not arise. In other words, the contract between the attorney and the commissioners must be enforced unless it be found that it is so improvident as to demonstrate its unreasonableness. When this finding is made, the contract is treated as being void, as it would be in the case of actual fraud, and in such case the recovery would be on a quantum meruit basis.\u201d\nTested by the rules thus stated, the chancellor was fully warranted in finding that the compensation awarded appellee by appellant for collecting delinquent assessments under his contract of employment as attorney for the district Avas reasonable.\nNext, it is urged that item three allowed by the court to appellee should have been rejected. Appellant admits that item two is a proper charge under the contract of March 2, 1931, but contends that item three does not come within the purview of the contract. This item represents a shortage of a previous collector and according to the evidence Avas collected only after determined efforts so to do, and we think the court was correct in allowing compensation therefor.\nItems numbered 10,11,12 as alloAved by the court are strenuously objected to by appellant. \u2022 These charges arose out of foreclosure sales wherein the improvement district became purchaser of the foreclosed properties. As we understand, it is not contended that the services rendered were not reasonably worth the amount claimed by these, items, but the contention is that the district should pay only after the property passes into private ownership. \"When the district became the purchaser of this property at its foreclosure sale, it thereupon became responsible for the expenses incident thereto, and we think the chancellor was correct in so deciding.\nOther minor items are urged upon us for review, but Ave deem them of insufficient importance to here discuss in detail. It suffices to say they fall within the rules heretofore discussed.\nNo error appearing, the judgment is affirmed.",
        "type": "majority",
        "author": "Johnson, C. J."
      }
    ],
    "attorneys": [
      "Herbert V. Betts and Graham Moore, for appellant.",
      "M. P. Matheney, for appellee."
    ],
    "corrections": "",
    "head_matter": "Board of Improvement of Paving Improvement District No. 23 v. Matheney.\n4-3508\nOpinion delivered October 8, 1934.\nHerbert V. Betts and Graham Moore, for appellant.\nM. P. Matheney, for appellee."
  },
  "file_name": "0957-01",
  "first_page_order": 975,
  "last_page_order": 979
}