Legal Opinion

Custer v. City of Springfield

Missouri Court of Appeals

Decided December 2, 1912PublishedCited by 7 opinions

Appeal from Grreene Circuit Court. — No». Guy D. Kirby, Judge. (1) Lowest and best bidder required and protects public against favoritism and corruption. R. S. 1909, Sec. 9255; Schoenberg v. Field, 95 Mo. App. 241; Curtice v. Schmidt, 202 Mo. 703; Paving Co. v. McLord, 145 Mo. App. 145. (2) An ordinance requiring material to be purchased of some designated person, or which was manufactured by some designated person, was a violation of such salutary provision and was void.

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Appeal from Grreene Circuit Court. — No». Guy D. Kirby, Judge. (1) Lowest and best bidder required and protects public against favoritism and corruption. R. S. 1909, Sec. 9255; Schoenberg v. Field, 95 Mo. App. 241; Curtice v. Schmidt, 202 Mo. 703; Paving Co. v. McLord, 145 Mo. App. 145. (2) An ordinance requiring material to be purchased of some designated person, or which was manufactured by some designated person, was a violation of such salutary provision and was void. Paving Co: v. McLord, 145 Mo. App. 144; Schoenberg v. Field, 95 Mo. App. 241; Curtice v. Schmidt, 202 Mo. 703; Swift v.…

1Opinion of the CourtGray, J.

This is an appeal from a judgment of the circuit court of Greene county, sustaining a demurrer to the plaintiffs’ petition. The suit is one in equity against the city of Springfield, James H. Langston, city clerk of said city, and Harry G. Horton, city engineer. The plaintiffs are the owners of real estate on Center street in said city, and seek to enjoin the defendants from entering into any contract for the construction of a pavement on said street, and to have a certain ordinance authorizing the paving adjudged null and void.

On the 17th day of October, 1911, the city council passed an…

2Cases cited10 opinions

  1. Verdin v. City of St. LouisSupreme Court of Missouri · 1895
  2. Barber Asphalt Paving Co. v. HuntSupreme Court of Missouri · 1889
  3. Swift v. City of St. LouisSupreme Court of Missouri · 1904
  4. Curtice v. SchmidtSupreme Court of Missouri · 1907
  5. Shoenberg v. FieldMissouri Court of Appeals · 1902

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3Cited by7 opinions

  1. Wegmann Realty Co. v. City of St. LouisSupreme Court of Missouri · 1932
  2. Sherrett v. PortlandOregon Supreme Court · 1915
  3. Phoenix Brick & Construction Co. v. Gentry CountySupreme Court of Missouri · 1914
  4. Smith v. City of SeattleWashington Supreme Court · 1937
  5. Wilson v. City of DuncanSupreme Court of Oklahoma · 1928

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