State ex rel. Page v. Reorganized School District R-VI of Christian County

ON MOTION FOR REHEARING

By their Motion for Rehearing or Transfer Page and Killian allege this court failed to consider a decisive question. The motion states: “The question overlooked is: Did the school board violate the requirements of Section 177.086 RSMo by awarding the contract to Crawford?” They argue the contract violated that section and was void because it provided an earlier completion date than did the specifications.

It is well settled that an appellate court will review a case only upon the theory advanced at trial. Collins v. Drake, 746 S.W.2d 424 (Mo.App.1988). “[To] consider the…