Henry County v. Citizens Bank
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Roto. Louis Hoffman, Judge. (1) (a) It is a uniform, inflexible rule of law that all combinations, the effect of which is to stifle competition in bidding at public or private sales or in the letting of public works, and on principle, in the letting for hire of public moneys, are immoral, vicious and void.
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Appeal from Pettis Circuit Court. — Roto. Louis Hoffman, Judge. (1) (a) It is a uniform, inflexible rule of law that all combinations, the effect of which is to stifle competition in bidding at public or private sales or in the letting of public works, and on principle, in the letting for hire of public moneys, are immoral, vicious and void. In re Salmon, 145 Fed. 652. (b) A combination of bidders to suppress competition at a public sale required by law is a fraudulent conspiracy in restraint of trade and contrary to public policy. It renders void any contract or transaction of the vendor and…
1Opinion of the CourtPox, J.
This cause is now pending in this court upon appeal by plaintiff, the county of Henry, from a judgment of the Pettis County Circuit Court in favor of the defendant.
We know of no better way of indicating the nature and character of this controversy than by the reproduction of the petition and answer which present the issues that were determined by the trial court. Omitting formal parts, the petition thus states the cause of action by the plaintiff:
“Now at this time comes the plaintiff, the county of Henry, in the State of Missouri, and for its amended petition and cause of action against the…
2Cases cited6 opinions
- Ross v. . MatherNew York Court of Appeals · 1872
- Traber v. HicksSupreme Court of Missouri · 1895
- Carson v. CummingsSupreme Court of Missouri · 1879
- Sumner v. RogersSupreme Court of Missouri · 1886
- Bray's Administrator v. Seligman's AdministratorSupreme Court of Missouri · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hilderbrand v. AndersonMissouri Court of Appeals · 1954
- Summers v. KellerMissouri Court of Appeals · 1911
- State Ex Rel. Bush v. SturgisSupreme Court of Missouri · 1920
- State Ex Rel. Massman Construction Co. v. ShainSupreme Court of Missouri · 1939
- Sinclair Refining Co. v. WyattSupreme Court of Missouri · 1941
11 more not listed; retrieve them via the Exa API.