Mulligan v. City of Lexington
Missouri Court of Appeals
Appeal from Lafayette Circuit Court. — Hon. Samuel Davis, Judge. (1) The written advertisement and notice for bids of respondent city, the written and signed bid of appellant and the resolutions passed by the city council and spread upon its record, approved and signed by the mayor and attested by the city clerk; awarding the contract to appellant constituted a contract in writing, signed by the parties. Water Co. v. Aurora, 129 Mo. 578; California v. Telephone Co., 112 Mo.
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Appeal from Lafayette Circuit Court. — Hon. Samuel Davis, Judge. (1) The written advertisement and notice for bids of respondent city, the written and signed bid of appellant and the resolutions passed by the city council and spread upon its record, approved and signed by the mayor and attested by the city clerk; awarding the contract to appellant constituted a contract in writing, signed by the parties. Water Co. v. Aurora, 129 Mo. 578; California v. Telephone Co., 112 Mo. App. 727; Cummings v. Clinton Co., 181 Mo. 171; Perkins v. School District,. 99 Mo. App. 487; Parlin v. Boatman, 84 Mo.…
1Opinion of the CourtEllison, J.
Plaintiff seeks to recover damages from the defendant (a city of the third class) which he sustained by the breach of an alleged contract with the city; the breach consisting in refusing to furnish a rock crusher as agreed. The trial court’s adverse ruling on the admission of evidence compelled plaintiff to take a nonsuit and being unsuccessful in his effort to set the same aside he appealed to this court.
It appears that the city desired one thousand perch of crushed rock or macadam for the repair of its streets and that it- advertised for bids in a newspaper,' stating the use of the crusher…
2Cases cited11 opinions
- City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
- Wheeler v. City of Poplar BluffSupreme Court of Missouri · 1899
- Johnson v. School DistrictSupreme Court of Missouri · 1878
- Moore v. City of Cape GirardeauSupreme Court of Missouri · 1890
- Saxton v. BeachSupreme Court of Missouri · 1872
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3Cited by1 opinion
- Tracy Cement Tile Co. v. City of TracySupreme Court of Minnesota · 1919