Pryor v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge; (1) Tbe petition fails to state a cause of action. It omits to aver that a definite amount of money was first appropriated by the common council for the liquidation of all pecuniary liability of the city under plaintiff’s alleged contract, and it fails to state that the ordinance contemplating the payment of money to plaintiff contained the indorsement of the city comptroller to the effect that sufficient…
Read the full summary
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge; (1) Tbe petition fails to state a cause of action. It omits to aver that a definite amount of money was first appropriated by the common council for the liquidation of all pecuniary liability of the city under plaintiff’s alleged contract, and it fails to state that the ordinance contemplating the payment of money to plaintiff contained the indorsement of the city comptroller to the effect that sufficient unappropriated means stood to the credit of the O. K. Creek sewer fund to meet the requirements of constructing division 4 of…
1DissentMarshall, J.
{Dissenting). — This is a suit to recover damages for an alleged breach of contract made by plaintiff with defendant’ for building one section of the O. K. Greek sewer. Before the completion of the contract the work was stopped by the city authorities as found by the trial court. Plaintiff recovered judgment below for the retained percentage for work done in the execution of the contract. The defense is that the contract is ultra vires and void, because it was not entered into in the manner provided by the charter of the city. The charter provisions invoked are sections 2 of article Ill, 30…
2Cases cited15 opinions
- Thomas v. City of RichmondSupreme Court of the United States · 1871
- State ex rel. Dickason v. County CourtSupreme Court of Missouri · 1895
- City of Bryan v. Page & SimsTexas Supreme Court · 1879
- Tainter v. City of WorcesterMassachusetts Supreme Judicial Court · 1877
- State ex rel. Mayor of Baltimore v. KirkleyCourt of Appeals of Maryland · 1869
10 more not listed; retrieve them via the Exa API.