Legal Opinion

Kansas City Disinfecting & Manufacturing Co. v. Bates County

Supreme Court of Missouri

Decided February 16, 1918PublishedCited by 12 opinions

Appeal from Bates Circuit Court. — Hon. G. A. Galvird, Judge. (1) The sheriff had power to bind the county. Harkreader y. Vernon County, 216 Mo. 696; Ewing y. Vernon County, 216 Mo, 680; Motley v. Pike County, 233 Mo. 42; R. S. 1909, see. 109, 1571 and 4065. (2) It was error to admit evidence against the plaintiff to show that the sheriff had other disinfectants on hand, there being no evidence that the plaintiff knew anything about it.

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Appeal from Bates Circuit Court. — Hon. G. A. Galvird, Judge. (1) The sheriff had power to bind the county. Harkreader y. Vernon County, 216 Mo. 696; Ewing y. Vernon County, 216 Mo, 680; Motley v. Pike County, 233 Mo. 42; R. S. 1909, see. 109, 1571 and 4065. (2) It was error to admit evidence against the plaintiff to show that the sheriff had other disinfectants on hand, there being no evidence that the plaintiff knew anything about it. (3) It was error to admit evidence to show the prices of other goods recommended. Besides, the evidence shows that this was the only goods that did the work.…

1Opinion of the CourtFaris, J.

Plaintiff sued Bates County for the sum of one hundred and forty dollars, being the purchase price of seventy gallons of “Killbug Insecticide,” bought in September, 1911, by a sheriff of that county for use in the jail, the poor house and the court house. On a trial before the circuit court, sitting as a jury, judgment was rendered in favor of plaintiff’ for the sum of twenty dollars only, and plaintiff appealed.

The facts are brief, but unique and illuminating. Whether the case originated in the county court and travelled thence to the circuit court by appeal, or whether it was begun…

2Cases cited4 opinions

  1. Wampler v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1916
  2. Polski v. City of St. LouisSupreme Court of Missouri · 1915
  3. Harkreader v. Vernon CountySupreme Court of Missouri · 1909
  4. State v. RoweSupreme Court of Missouri · 1917

3Cited by12 opinions

  1. State ex rel. United Railways Co. v. ReynoldsSupreme Court of Missouri · 1919
  2. Johnson v. Waverly Brick & Coal Co.Supreme Court of Missouri · 1918
  3. Aslin v. Stoddard CountySupreme Court of Missouri · 1937
  4. Borrson v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1943
  5. Probst ex rel. Grob v. St. Louis Basket & Box Co.Missouri Court of Appeals · 1919

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