McShane v. School District Number 5, Township 32, Range 18
Missouri Court of Appeals
Appeal from the Balias Circuit Court. — Hon. Argus Cox, Judge. (1) No legal contract was ever entered into with the plaintiff. The law requires these contracts to be executed in duplicate. R. S. 1889, sec. 3158. And the copy filed with the district clerk is the only competent evidence of execution. Fur. Go. v. Bist. No. 7, 51 Mo. App. 549; Taylor v. School Bist. No. 3, 60 Mo. App. 372; School Bist. No. 3 v. Smalley, 58 Mo.
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Appeal from the Balias Circuit Court. — Hon. Argus Cox, Judge. (1) No legal contract was ever entered into with the plaintiff. The law requires these contracts to be executed in duplicate. R. S. 1889, sec. 3158. And the copy filed with the district clerk is the only competent evidence of execution. Fur. Go. v. Bist. No. 7, 51 Mo. App. 549; Taylor v. School Bist. No. 3, 60 Mo. App. 372; School Bist. No. 3 v. Smalley, 58 Mo. App. 658. (2) There was no competent evidence that plaintiff had a certificate. Plaintiff’s mere statement was not proper evidence. There was no evidence that the…
1Opinion of the CourtSmith, P. J.
This is an action brought by the plaintiff against defendant to recover $50 for services rendered under a written contract for teaching a district school in said district for two months. There was a trial resulting in a judgment for plaintiff and from which latter defendant appealed.
*627statement. *626The salient facts as disclosed by the evidence contained in the record may be grouped in this way: The *627plaintiff applied to the directors of said school district for employment to teach the school in their district. The latter met at the house of one of their number and there agreed with plaintiff to…
2Cases cited2 opinions
- Saleno v. City of NeoshoSupreme Court of Missouri · 1895
- Lincoln v. ThompsonSupreme Court of Missouri · 1882
3Cited by8 opinions
- Tate v. School District No. 11Supreme Court of Missouri · 1930
- Blades v. HawkinsMissouri Court of Appeals · 1908
- Blades v. HawkinsSupreme Court of Missouri · 1912
- Lee v. MitchellSupreme Court of Arkansas · 1913
- Pugh v. School District No. 5Missouri Court of Appeals · 1905
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