Legal Opinion

Anderson v. Public Schools

Supreme Court of Missouri

Decided May 14, 1894PublishedCited by 35 opinions

Appeal from St. Louis City Circuit Comt. This suit is brought for the purpose, not only of recovering the damages sued for, but for the purpose of testing the right of bidders under the circumstances-detailed in the petition. It is not necessary to discuss-the nature of the defendant corporation. It is clearly' defined by the statutes and by many decisions of this-court.

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Appeal from St. Louis City Circuit Comt. This suit is brought for the purpose, not only of recovering the damages sued for, but for the purpose of testing the right of bidders under the circumstances-detailed in the petition. It is not necessary to discuss-the nature of the defendant corporation. It is clearly' defined by the statutes and by many decisions of this-court. That it had the power and authority to make-contracts for the erection of buildings as set forth in the petition, will not be disputed. That it had the power and authority to make, for its own guidance and for that of persons…

1Opinion of the CourtBakclay, J.

Plaintiffs appealed from a judgment based on a ruling sustaining a demurrer to their petition.

*64The substance of their allegations is as follows :

Plaintiffs are copartners in the business of building. Defendant is a corporation, having charge and control of the public schools and school property in the city of St. Louis.

The defendant had a well known rule in regard to buildings by which it was provided that all new buildings, etc., should be “let by contract to the lowest and best bidder.”

Defendant, being desirous of erecting a large school building to be known as the new high school, duly…

2Cases cited1 opinion

  1. McNeil v. Boston Chamber of CommerceMassachusetts Supreme Judicial Court · 1891

3Cited by35 opinions

  1. State Ex Rel. Johnson v. SevierSupreme Court of Missouri · 1936
  2. William A. Berbusse, Jr., Inc. v. North Broward Hosp. Dist.District Court of Appeal of Florida · 1960
  3. State ex rel. Stuewe v. HindsonMontana Supreme Court · 1912
  4. Glencoe Land & Gravel Co. v. Hudson Bros. Commission Co.Supreme Court of Missouri · 1897
  5. La Mar Construction Co. v. Holt County, R-II School DistrictMissouri Court of Appeals · 1976

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