Fogarty v. Davis

This cause was certified to this court by the Springfield Court of Appeals, because of conflict of its decision herein with a decision of the Kansas City Court of Appeals.

Appellants are co-partners and began this action against respondents, who constitute the board of directors of the Cabool School District, to recover $2988.87, for which they allege the directors are personally liable on account of their failure to take the contractor’s bond required by Section 1040, Revised Statutes 1919.

In May, 1918, the respondents, in their official capacity, entered into a contract with Howard A. Mann,…