Hicks v. National Surety Co.
Missouri Court of Appeals
Appeal from Livingston Circuit Court. — Ron. Arch B. Davis, Judge. (1) An agreement to file the bid was ultra vires, and bence, a breach thereof could not be made the ground for damages. Bant v. Pirie, 27 C. C. A. 171, 82 Fed. 799; Liggett v. Bank, 233 Mo. 590, 606. Moreover, the bid could not be filed without the bond, which was never execeuted. The contract relied upon must be confined to the alleged agreement to execute the proposal bond.
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Appeal from Livingston Circuit Court. — Ron. Arch B. Davis, Judge. (1) An agreement to file the bid was ultra vires, and bence, a breach thereof could not be made the ground for damages. Bant v. Pirie, 27 C. C. A. 171, 82 Fed. 799; Liggett v. Bank, 233 Mo. 590, 606. Moreover, the bid could not be filed without the bond, which was never execeuted. The contract relied upon must be confined to the alleged agreement to execute the proposal bond. (2) The proof is that there was no oral agreement of the character alleged. (3) Under the statute (R. S. 1909, sec. 2785) the contract must have been in…
1Opinion of the CourtTrimble, J.
Plaintiff sued and recovered damages for loss of a government contract to carry the mails between the stations and post office in Chillicothe.
The facts are these: The U. S. Government, desiring to let the contract for carrying the mails in Chillicothe for a term of four years, advertised for bids therefor. Under the advertisement all bids were to be submitted on government blanks accompanied hy a bond in the sum of $3000 signed either by an approved surety company or hy two or more personal sureties, in which last event, such personal sureties must be approved hy the postmaster. No bid would…
2Cases cited12 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Abbott v. GatchCourt of Appeals of Maryland · 1859
- Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
- Russell & Co. v. State Ins.Supreme Court of Missouri · 1874
- Fell v. NewberryMichigan Supreme Court · 1895
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3Cited by7 opinions
- Sides v. Contemporary Homes, Inc.Missouri Court of Appeals · 1958
- Kerns v. Western Union Telegraph Co.Missouri Court of Appeals · 1913
- John P. Mills Organization v. BellMissouri Court of Appeals · 1931
- Hicks v. National Surety Co.Missouri Court of Appeals · 1914
- Magnolia Compress & Warehouse Co. v. St. Louis Cash Register Co.Missouri Court of Appeals · 1919
2 more not listed; retrieve them via the Exa API.