Perkins v. Independent School District
Missouri Court of Appeals
Appeal from Harrison Circuit Court. — Hon: P. G. Stepp, Judge. (1) The contract made with appellant was within the powers of the school board. "Where an express power is given by a statute, all the powers necessary to carry it into effect are implied.
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Appeal from Harrison Circuit Court. — Hon: P. G. Stepp, Judge. (1) The contract made with appellant was within the powers of the school board. "Where an express power is given by a statute, all the powers necessary to carry it into effect are implied. The directors of a board empowered to build a house, and furnished with funds for that purpose, have- all the powers necessary and incident to make the grant effectual, and contracts entered into by them for that purpose are valid and binding on the district. McClure v. School Dist., 79 Mo. App. 80; State ex rel. v. Phipps, 148 Mo. 31; "Water…
1Opinion of the CourtEllison, J.
This is an action for services for superintending the erection of a school building for defendant, costing about eight thousand dollars. The judgment below was for defendant. The point of difference is that the contract employing plaintiff was not in writing, signed by the parties thereto, as required by section 6759, Revised Statutes 1899, which reads as follows :
“No county, city, town, village, school township, school' district or other municipal corporation shall make any contract, unless the same shall be within the scope of its powers or be expressly authorized by law, nor unless…
2Cases cited12 opinions
- Saleno v. City of NeoshoSupreme Court of Missouri · 1895
- Aurora Water Co. v. City of AuroraSupreme Court of Missouri · 1895
- Green v. ColeSupreme Court of Missouri · 1890
- Crutchfield v. City of WarrensburgMissouri Court of Appeals · 1888
- Woolfolk v. Randolph CountySupreme Court of Missouri · 1884
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3Cited by9 opinions
- Donovan v. Kansas CitySupreme Court of Missouri · 1943
- Likes v. City of RollaMissouri Court of Appeals · 1914
- W. W. Cook & Son v. City of CameronMissouri Court of Appeals · 1910
- Metz v. WarrickMissouri Court of Appeals · 1925
- Montague Compressed Air Co. v. City of FultonMissouri Court of Appeals · 1912
4 more not listed; retrieve them via the Exa API.