Bryson v. Johnson County
Supreme Court of Missouri
Appeal from Johnson Gireuit Gourt.—Hon. C. W. Sloan, Judge. (1) Article 3, chapter 95, Revised Statutes, page 1056, does not apply to the ordinary duties of officers.
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Appeal from Johnson Gireuit Gourt.—Hon. C. W. Sloan, Judge. (1) Article 3, chapter 95, Revised Statutes, page 1056, does not apply to the ordinary duties of officers. Woolf ollc ». Randolph Co., 83 Mo. 501. (2) A fair interpretation of the written contract would be that the specifications referred to the pier proper, and not its foundation, (a) The subject-matter of the contract would imply this, for a battering pier, hammer-dressed, with chisel-drafts, foundation beneath the ground, has no practical existence anywhere in building. (5) The contemporaneous construction of the contract by both…
1Opinion of the CourtBlack, J.
F. M. Keen constructed two stone abutments for Johnson county under a contract with the bridge commissioner’, and then assigned his claim for compensation to the plaintiff in order to raise money to pay debts incurred in doing the work. This is a suit by the assignee to recover a balance alleged to be due for the work. The trial court sustained a demurrer to the plaintiff s evidence, and the case is here to review that ruling.
It may be stated here that certain exhibits said to have been attached to the deposition of the witness Koehler and set out in the plaintiff’s abstract do not appear in…
2Cited by6 opinions
- Hillside Securities Co. v. MinterSupreme Court of Missouri · 1923
- Missouri-Kansas Chemical Co. v. Christian CountySupreme Court of Missouri · 1944
- Rodgers v. National Council Junior Order United American MechanicsMissouri Court of Appeals · 1913
- School Districts Numbered 18 v. YatesMissouri Court of Appeals · 1912
- Mulligan v. City of LexingtonMissouri Court of Appeals · 1907
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