Nichols v. R. J. & W. M. Boyd Construction Co.
Missouri Court of Appeals
Error to Jackson Circuit Court. — Hon. W. 0. Thomas, Judge. (1) The charter provision under which this contract was given and executed by the plaintiff in error created a new obligation, a new right, and it provided a specific method of enforcing the rights created. When this is done, the remedy provided for enforcing the right in the act should be followed to the exclusion of' all other remedies.
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Error to Jackson Circuit Court. — Hon. W. 0. Thomas, Judge. (1) The charter provision under which this contract was given and executed by the plaintiff in error created a new obligation, a new right, and it provided a specific method of enforcing the rights created. When this is done, the remedy provided for enforcing the right in the act should be followed to the exclusion of' all other remedies. Endlich on Interpretation of Statutes, sec. 465; Riddick v. Governor, 1 Mo. 147; City of Rochester v. Campbell, 123 N. T. 414; 26 Am. & Eng. Ency.' of Law (2 Ed.), p. 671; City of Clinton v. Henry…
1Opinion of the CourtJohnson, J.
This is an action-on a contractor’s bond to recover for labor and materials furnished by plaintiff to the contractor in the construction of a public sewer in Kansas City. A trial in the circuit court resulted in a verdict and judgment for plaintiff and defendant Missouri Fidelity & Casualty Company brought the case to this court on writ of error. The only points made by that defendant are, first, that the action “was not brought in the name of the proper party” and, second, that the petition fails to state a cause of action.
The suit was begun and prosecuted in the name of J. C. Nichols- as…
2Cases cited10 opinions
- Benne v. SchneckoSupreme Court of Missouri · 1889
- Baxter v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- State ex rel. Saline County v. SappingtonSupreme Court of Missouri · 1878
- Dodson v. LomaxSupreme Court of Missouri · 1893
- City of St. Louis v. LangSupreme Court of Missouri · 1895
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3Cited by1 opinion
- Darr v. DarrMissouri Court of Appeals · 1956