Williams v. Christian Female College
Supreme Court of Missouri
Error to Boone Circuit Court. This was an action to recover the sum of $1,487.13 alleged to have been awarded to plaintiff as the value of certain improvements made by plaintiff upon the grounds of the defendant. It was proved that the arbitrators who made the estimate of the value of the improvements were selected by the plaintiff and by Alexander Douglass and C. S. Stone, who were members, it appeared, of the board of trustees of defendant.
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Error to Boone Circuit Court. This was an action to recover the sum of $1,487.13 alleged to have been awarded to plaintiff as the value of certain improvements made by plaintiff upon the grounds of the defendant. It was proved that the arbitrators who made the estimate of the value of the improvements were selected by the plaintiff and by Alexander Douglass and C. S. Stone, who were members, it appeared, of the board of trustees of defendant. The evidence relied on to show that the award was made under the authority of the board of trustees, or had their sanction and approval, was the…
1Opinion of the Court
NaptoN, Judge,
delivered tbe opinion of the court.
The only question presented by the record is whether, under the circumstances, the circuit court was warranted in refusing to give the second instruction which the plaintiff asked. The case was tried by the court without a jury. The object of the refused instruction seems to be to procure from the court a declaration of law, that a statement by a member of the board of trustees, made during the session of the board, being allowed to pass uncontradicted, is to be considered as binding the board. This is going further, we think, than the…
2Cited by4 opinions
- Cann v. Rector of Church of the RedeemerMissouri Court of Appeals · 1905
- City of Austin v. NucholsCourt of Appeals of Texas · 1906
- O. S. Paulson Mercantile Co. v. SeaverNorth Dakota Supreme Court · 1898
- Samuel v. HolladayU.S. Circuit Court for the District of Kansas · 1869