Armstrong v. School District No. 3
Missouri Court of Appeals
Appeal from Lafayette Circuit Court, Hon, John P. Strother, Judge. Statement of case by the court. This case was in this court heretofore, and is reported in 19 Mo. App. 462. After it was remanded, the defendant filed an amended answer, in which it set up the misconduct of the plaintiff, pleaded substantially in the first answer, and which was held, in the opinion of this court, to constitute no defence.
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Appeal from Lafayette Circuit Court, Hon, John P. Strother, Judge. Statement of case by the court. This case was in this court heretofore, and is reported in 19 Mo. App. 462. After it was remanded, the defendant filed an amended answer, in which it set up the misconduct of the plaintiff, pleaded substantially in the first answer, and which was held, in the opinion of this court, to constitute no defence. This part of the amended answer was, on motion of plaintiff, stricken out. The answer further pleaded, by way of accord and satisfaction, that, after the return of the verdict against the…
1Opinion of the CourtPhilips, P. J.
This cause would seem to be contested far beyond its merits. It is a subject of regret that the defendant could not accept the decision of this court, and adjust this controversy without further trial. The case must, however, so long as it remains in court, be tried according to law.
I. We see no just ground for questioning the existence of the contract upon which the plaintiff entered upon the office of teacher in the district. The uncontradicted evidence is, that the plaintiff and all three of the directors signed the. contract, before plaintiff entered upon its performance. It was taken and…
2Cases cited8 opinions
- Vrooman v. . TurnerNew York Court of Appeals · 1877
- Atlantic Dock Co. v. . Mayor, Etc., N.Y. CityNew York Court of Appeals · 1873
- Johnson v. School DistrictSupreme Court of Missouri · 1878
- Flanagan v. HutchinsonSupreme Court of Missouri · 1871
- Clow v. BorstNew York Supreme Court · 1810
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3Cited by3 opinions
- Robinson v. St. Johnsbury & Lake Champlain RailroadSupreme Court of Vermont · 1907
- Wright v. Board of EducationSupreme Court of Missouri · 1922
- Sands v. BerkleyMissouri Court of Appeals · 1901