Chambers v. Board of Education
Supreme Court of Missouri
Appeal from Clinton Circuit Court. The contract was let to Ely,, and by its terms he undertook to furnish all the materials and complete the building in a specified time and manner, and for a stipulated compensation. Hence, lie was not an agent or servant of the Board. (Blake vs. Ferris, 5 N. T., 48, 61, and cases cited; Pack vs. Mayor, &c., of New York, 8 N. Y., 222; Eaton vs. Eu. & North. R. R. Co., 59 Me., 520; Painter vs. The Mayor, &c.,' of Pittsburgh, 46 Penn.
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Appeal from Clinton Circuit Court. The contract was let to Ely,, and by its terms he undertook to furnish all the materials and complete the building in a specified time and manner, and for a stipulated compensation. Hence, lie was not an agent or servant of the Board. (Blake vs. Ferris, 5 N. T., 48, 61, and cases cited; Pack vs. Mayor, &c., of New York, 8 N. Y., 222; Eaton vs. Eu. & North. R. R. Co., 59 Me., 520; Painter vs. The Mayor, &c.,' of Pittsburgh, 46 Penn. St., 212.) And the rule is the same, although the contract should provide that the work was to be done under the direction and…
1Opinion of the CourtNapton, Judge
This was an action to recover possession of some lumber alleged to belong to the plaintiffs.
The plaintiffs were lumber dealers in Muscatine, Iowa, and . sold to one Ely a lot of lumber for $3,600, for which Ely paid itr cash $1,500 and was charged with the remaining $2,100. Ely was a carpenter and builder, and purchased the lumber to- be used in building a school house at Cameron, for the construction of which he was the contractor, Under a written contract with the defendant, the Board of Education. The lumber was forwarded to Ely, and by him hauled from the B. B. depot and placed on a lot…
2Cases cited1 opinion
- Merritt v. JohnsonNew York Supreme Court · 1811
3Cited by3 opinions
- Emerson v. TreadwayMissouri Court of Appeals · 1954
- Mayne v. Jacob Michel Real Estate Co.Missouri Court of Appeals · 1944
- State ex rel. Board of Education v. TiedemannSupreme Court of Missouri · 1879