Barton County Rock Asphalt v. City of Fayette, Mo.

Barton County Rock Asphalt Company, a corporation, plaintiff, sued the City of Fayette, Missouri, a municipal corporation, defendant, for the sum of $3933.81, claimed to be due on account of rock asphalt, a street paving and repairing material, shipped to defendant. The trial court instructed a verdict for defendant and plaintiff appeals. We shall refer to the parties as plaintiff and defendant, in the order mentioned above.

The record discloses that defendant's city council, with the mayor in attendance, met in regular session on July 5, 1938, and adopted a resolution which authorized the…