Hughes v. Foltz
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) The respondent had no contract for the purchase- of the lot; the individual members of the board had no power to contract. Johnson v. School Dist., 67 Mo. 319; Kane v. School Dist., 48 Mo. App. 408; State v. Lawrence, 178 Mo. 350. (2) The contract relied on by respondent was not supported by a consideration and was void.
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Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) The respondent had no contract for the purchase- of the lot; the individual members of the board had no power to contract. Johnson v. School Dist., 67 Mo. 319; Kane v. School Dist., 48 Mo. App. 408; State v. Lawrence, 178 Mo. 350. (2) The contract relied on by respondent was not supported by a consideration and was void. Haseltine v. Ausherman, 87 Mo. 410; Klausman v. Brewing Co., 32 Mo>. App. 357; Ward v. Hartley, 178 Mo. 135. (1) The contention of fraud and misrepresentation in the procurement of the contract not having…
1Opinion of the CourtCox, J.
The original petition filed in this case, omitting formal parts, was, in substance, as follows: Plaintiff, for his cause of action against the defendants, says that on the - day of -, 1907, he contracted to purchase from the school board within and *515for Springfield, Missouri, the following described real estate, to-wit (describing it). That afterward, the defendants agreed to pay him one thousand ($1000) dollars if he would sell them his contract to purchase said lot from said school board, and permit said board to convey said property to them; that he accepted said proposition and said school…
2Cases cited5 opinions
- Kelerher v. HendersonSupreme Court of Missouri · 1907
- McDearmott v. SedgwickSupreme Court of Missouri · 1897
- McClure v. UllmanMissouri Court of Appeals · 1903
- Scriba v. NeelyMissouri Court of Appeals · 1908
- Bell v. Peper Tobacco Warehouse Co.Supreme Court of Missouri · 1907
3Cited by2 opinions
- Williams v. American Exchange BankMissouri Court of Appeals · 1926
- White v. McMathTennessee Supreme Court · 1913