City of Ft. Scott v. W. G. Eads Brokerage Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Kansas. This writ of error was sued out to reverse a judgment for $4,722 against the city of Ft. Scott and in favor of the W. G. Eads Brokerage Company, a corporation, for a breach of a contract. The judgment rests on a peremptory instruction to the jury based upon these facts: The city of Ft.
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In Error to the Circuit Court of the United States for the District of Kansas. This writ of error was sued out to reverse a judgment for $4,722 against the city of Ft. Scott and in favor of the W. G. Eads Brokerage Company, a corporation, for a breach of a contract. The judgment rests on a peremptory instruction to the jury based upon these facts: The city of Ft. Scott had a bonded debt of $234,000 and a sinking fund of about $45,000. The bonded debt was drawing about 6 per cent, per annum, and tbe sinking fund only 1 % per cent, per annum. The city and the brokerage company supposed that…
1Opinion of the CourtSanborn, Circuit Judge
The foundation of the judgment in question in this case is an alleged agreement of compromise and settlement of a claim against the city of Ft. Scott for compensation for services rendered about the investment of the sinking fund of the city under a contract between the brokerage company and the municipality. This judgment is challenged on the ground that the original contract was beyond the powers of the city. If the city was without power to make any contract to employ or pay any one for purchasing or procuring bonds for *53the investment of its sinking fund, it was equally without power to…
2Cases cited13 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- California Bank v. KennedySupreme Court of the United States · 1897
- Cold Blast Transp. Co. v. Kansas City Bolt & Nut Co.Court of Appeals for the Eighth Circuit · 1902
- McCormick v. Market BankSupreme Court of the United States · 1897
- Concord First National Bank v. HawkinsSupreme Court of the United States · 1899
8 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Consumers Coal Co. v. City of LincolnNebraska Supreme Court · 1922
- Van Eaton v. Town of SidneySupreme Court of Iowa · 1930
- Fancher v. Board of CommissionersNew Mexico Supreme Court · 1921
- Board of Control v. BucksteggeArizona Supreme Court · 1916
- Scott County v. Advance-Rumley Thresher Co.Court of Appeals for the Eighth Circuit · 1923
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