Legal Opinion

Frazier v. School District No. 1

Missouri Court of Appeals

Decided January 10, 1887PublishedCited by 6 opinions

Appeal from Saline Circuit Court, IIon. John P. Strother, Judge. Statement of. case by the court. This action was instituted in a justice’s court, to recover a month’s wages .alleged to be due plaintiff from the defendant, a school district, unde'r the statutes of this' state. The cause was finally tried on appeal in the' circuit court before the court sitting as a jury.

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Appeal from Saline Circuit Court, IIon. John P. Strother, Judge. Statement of. case by the court. This action was instituted in a justice’s court, to recover a month’s wages .alleged to be due plaintiff from the defendant, a school district, unde'r the statutes of this' state. The cause was finally tried on appeal in the' circuit court before the court sitting as a jury. The evidence, pertinent to this appeal, showed"that in August,' 1884, the directors of said school district employed the plaintiff to teach in said district a school for the term of seven months, commencing on the first of…

1Opinion of the CourtPhilips, P. J.

I. These school districts are quasi corporations. The board of directors, being the creatures of the statute, with all the functions and duties of the directors defined, possess only such powers as are specifically, or by necessary implication, given to them. They can do no more than the law of their creation authorizes. While the contract made between the board and the plaintiff contained a provision authorizing the’ annullment of the contract when plaintiff failed to give general satisfaction, it was clearly .non-enforceable against the plaintiff, because it was outside of the contract…

2Cases cited7 opinions

  1. Arnold v. School DistrictSupreme Court of Missouri · 1883
  2. McCutchen v. WindsorSupreme Court of Missouri · 1874
  3. Carpenter v. LippittSupreme Court of Missouri · 1883
  4. Miller v. Iron CountySupreme Court of Missouri · 1859
  5. L. M. Rumsey Manufacturing Co. v. Inhabitants of the Town of Schell CityMissouri Court of Appeals · 1886

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3Cited by6 opinions

  1. Lemasters v. WillmanMissouri Court of Appeals · 1955
  2. Parker v. School District of Valley ParkMissouri Court of Appeals · 1959
  3. Burns v. HarrisMissouri Court of Appeals · 1962
  4. Byington v. School District of JoplinMissouri Court of Appeals · 1930
  5. Oakes v. School District No. 3Missouri Court of Appeals · 1903

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