Keeler Bros. v. School District No. 3
Montana Supreme Court
Appeal from, District Court, Sheridan County: John Hurly, J udge. Action by Keeler Bros, against School District No. 3, Sheridan County.. Judgment for plaintiff and defendant appeals. Cause submitted on briefs of Counsel. Defendant’s contention is that it was incumbent upon the plaintiff to plead facts showing that the execution of the contract sued upon was within the powers of the school trustees of the defendant school district.
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Appeal from, District Court, Sheridan County: John Hurly, J udge. Action by Keeler Bros, against School District No. 3, Sheridan County.. Judgment for plaintiff and defendant appeals. Cause submitted on briefs of Counsel. Defendant’s contention is that it was incumbent upon the plaintiff to plead facts showing that the execution of the contract sued upon was within the powers of the school trustees of the defendant school district. In other words, it is the defendant’s contention that the burden was upon the plaintiff to plead facts showing that the contract was not an ultra vires contract.…
1Opinion of the Court
MR. •CHIEF COMMISSIONER STARK
prepared the opinion for the court.
The complaint in this action in substance alleges that, at all the times mentioned therein, the plaintiff was a corporation under the laws of Colorado, and the defendant was a duly created, organized and existing school district under the' laws of Montana; that on the first day of June, 1917, defendant entered into a written contract with plaintiff to sell and deliver to plaintiff $6,000 of six per cent bonds of the defendant school district, in which contract it agreed to take such proceedings as the attorneys for plaintiff…
2Cases cited6 opinions
- Reams v. CooleyCalifornia Supreme Court · 1915
- Jay v. School District No. 1Montana Supreme Court · 1900
- Hicks v. RuppMontana Supreme Court · 1914
- Nixon v. Montana, Wyoming & Southwestern Ry. Co.Montana Supreme Court · 1914
- State ex rel. Bean v. LyonsMontana Supreme Court · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Grover v. HinesMontana Supreme Court · 1923
- Calvert v. AndersonMontana Supreme Court · 1925
- Pue v. County of Lewis and ClarkMontana Supreme Court · 1926
- State v. BourdeauMontana Supreme Court · 1952
- Independent School Dist. No. 7 v. BarnesIdaho Supreme Court · 1951