City of Plattsburg v. Peoples' Telephone Co.
Missouri Court of Appeals
Appeal from Clinton Circuit' Court. — Hon. Alonzo D. Burnes, Judge. (1) It was within the power of the plaintiff city to contract for the payment of the premium sued for. • State ex rel. v. St. Louis, 145 Mo. 551; St. Louis v. Tel. Co., 148 U. S. 102; City of St. Louis to use v. Yon Phul, 133 Mo. 561; Dillon on Mun. Oorp. (4 Ed.), sec. 706. (2) The defendants can not raise the question of ultra vires because the contract in controversy is executed.
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Appeal from Clinton Circuit' Court. — Hon. Alonzo D. Burnes, Judge. (1) It was within the power of the plaintiff city to contract for the payment of the premium sued for. • State ex rel. v. St. Louis, 145 Mo. 551; St. Louis v. Tel. Co., 148 U. S. 102; City of St. Louis to use v. Yon Phul, 133 Mo. 561; Dillon on Mun. Oorp. (4 Ed.), sec. 706. (2) The defendants can not raise the question of ultra vires because the contract in controversy is executed. Dairy Co. v. Mooney, 41 Mo. App. 665. (3) The defendants are estopped from denying the validity of their contract with the city. City of St. Louis…
1Opinion of the CourtEllison, J.
Plaintiff is a city of the fourth class, and as such it granted to defendants’ predecessors, a telephone company, for two per cent of its gross earnings, a franchise or right to construct and operate in its streets for twenty years a telephone system in said city. These defendants purchased of said predecessors. The grant was made on sufficient notice by a public bidding of a rate per cent of gross earnings which would be paid by those seeking the privilege of constructing and operating the system in such city. It was not an exclusive right. Defendants’ predecessors and defendants themselves…
2Cases cited7 opinions
- St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
- St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
- Julia Building Ass'n v. Bell Telephone Co.Supreme Court of Missouri · 1885
- State ex inf. Crow v. West Side Street Railway Co.Supreme Court of Missouri · 1898
- Schopp v. City of St. LouisSupreme Court of Missouri · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Wilhoit v. City of SpringfieldMissouri Court of Appeals · 1943
- City of Mitchell v. Dakota Central Telephone Co.South Dakota Supreme Court · 1910
- City of Lancaster v. Briggs & MelvinMissouri Court of Appeals · 1906
- City of St. Louis v. Laclede Power & Light Co.Supreme Court of Missouri · 1941
- City of Baker v. Montana Petroleum Co.Montana Supreme Court · 1935
2 more not listed; retrieve them via the Exa API.