# Board of Public Instruction v. State Ex Rel. Fieldhouse

> Supreme Court of Florida · November 2, 1935 · 121 Fla. 473

URL: https://www.frixlaw.com/law-library/cases/3396606

## Case

- **Full name:** Board of Public Instruction, Dade County, Et Al., v. State, Ex Rel. J. W. Fieldhouse
- **Court:** Supreme Court of Florida
- **Decided:** November 2, 1935
- **Citations:** 121 Fla. 473; 163 So. 881
- **Precedential status:** Published
- **Opinion:** Concurrence by Brown
- **Judges:** Davis, Whitfield, Terrell, Brown, Buford
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3396606

## Opinion text

Brown, J.
(concurring).-I think the question above discussed was properly raised by respondent Board, in spite of the contention of relator that the Board was estopped by the recitals in the bonds. Estoppel cannot supply an absolute lack of power. See State v. Greer, 88 Fla. 249 , 102 So. 739 ; Dixon County v. Field, 111 U. S. 83 , 28 Law Ed. 360. But where a public body has lawful authority to issue bonds upon a condition precedent with power to decide whether the condition precedent has been complied with, their recital in the bonds that such condition has been complied with will ordinarily protect a
bona fide
purchaser for value. Chaffer County Commissioners, etc., v. Potter, 142 U. S. 355 , 35 Law. Ed. 1040, 12 S. C. 216; Weinberger v. Board of Public Instr., 93 Fla. 470 , 112 So. 253 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3396606. Public record. Not legal advice.