Legal Opinion

Vs DiCARLO CONSTRUCTION CO., INC. v. State

Supreme Court of Missouri

Decided July 17, 1972No. 56142PublishedCited by 45 opinions

1Opinion of the Court

FINCH, Chief Justice.

The question presented by this appeal is whether contract rights of a private citizen under a validly executed contract with the State may be asserted and established in a judicial proceeding.

We have jurisdiction because the State of Missouri is a party and more than $30,000 is involved. At the time this appeal was taken, those facts placed jurisdiction of the appeal in this Court. Article V, § 3, Constitution of Missouri, 1945, V. A.M.S. § 477.040, V.A.M.S.

The trial court sustained a motion to dismiss filed by the State. The parties agree that the only ground urged in…

2Cases cited16 opinions

  1. Carr v. State ex rel. CoetlosquetIndiana Supreme Court · 1891
  2. Ohio Life Insurance & Trust Co. v. DeboltSupreme Court of the United States · 1854
  3. State Ex Rel. State Highway Commission v. BatesSupreme Court of Missouri · 1927
  4. University of Maryland v. MaasCourt of Appeals of Maryland · 1938
  5. Grant Construction Co. v. BurnsIdaho Supreme Court · 1968

11 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

  1. Smith v. StateSupreme Court of North Carolina · 1976
  2. Kersten Co., Inc. v. Department of Social ServicesSupreme Court of Iowa · 1973
  3. SJ Groves & Sons Co. v. StateIllinois Supreme Court · 1982
  4. Kunzie v. City of OlivetteSupreme Court of Missouri · 2006
  5. State Ex Rel. State, Missouri Department of Agriculture v. McHenrySupreme Court of Missouri · 1985

40 more not listed; retrieve them via the Exa API.

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