Legal Opinion

Brookfield v. Drury College

Missouri Court of Appeals

Decided December 6, 1909PublishedCited by 18 opinions

Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) An indefinite hiring at a stipulated sum per year is a hiring at will, and may he terminated by either party at will. The burden is on the plaintiff to show a special contract for one year. The fact of a writing raises no presumption that there is a contract for one year. Boogher v. Insurance Co., 8 Mo. App. 533; Finger v. Koch, etc., Co., 13 Mo. App. 310; Harrington v. Brock-man Com. Co., 107 Mo.

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Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) An indefinite hiring at a stipulated sum per year is a hiring at will, and may he terminated by either party at will. The burden is on the plaintiff to show a special contract for one year. The fact of a writing raises no presumption that there is a contract for one year. Boogher v. Insurance Co., 8 Mo. App. 533; Finger v. Koch, etc., Co., 13 Mo. App. 310; Harrington v. Brock-man Com. Co., 107 Mo. App. 418; Evans v. Railroad, 24 Mo. App. 114. (2) A proposal in writing which is so indefinite that it cannot form the basis of…

1Opinion of the Court

OPINION.

NIXON, P. J. —

It will appear from the foregoing evidence that the defendant, Drury College, is located in Springfield, Missouri, and that it was organized and constituted a body politic and corporate under the laws of Missouri, “for the purpose of promoting the higher education and Christian culture, by founding and forever maintaining a school of liberal learning.” The en*361tire powers conferred upon the corporation, as appears by its charter, were vested in and to be exercised by a board of trustees of twenty members, of which seven members should constitute a quorum to transact…

2Cases cited23 opinions

  1. Kelly v. ThueySupreme Court of Missouri · 1898
  2. Ringer v. HoltzclawSupreme Court of Missouri · 1892
  3. Rucker v. HarringtonMissouri Court of Appeals · 1893
  4. Bogie v. NolanSupreme Court of Missouri · 1888
  5. Kritzer v. SmithSupreme Court of Missouri · 1855

18 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Grodsky v. Consolidated Bag Co.Supreme Court of Missouri · 1930
  2. Beebe v. the Columbia Axle Co.Missouri Court of Appeals · 1938
  3. Morsinkhoff v. De Luxe Laundry & Dry Cleaning Co.Missouri Court of Appeals · 1961
  4. Darrow v. BriggsSupreme Court of Missouri · 1914
  5. Campbell v. Sheraton Corp. of AmericaSupreme Court of Missouri · 1952

13 more not listed; retrieve them via the Exa API.

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