Thomas Kane & Co. v. School District of Calhoun
Missouri Court of Appeals
Appeal from, the Henry Circuit Court. — How. D. A. DeArmond, Judge. (1) Parol evidence is admissible to show proceedings omitted by the clerk of defendant from its records, and to prove, in the absence of any record of the fact, that the board of defendant was in session when it accepted the bid of the Racine School Furniture Company for the seats and desks.
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Appeal from, the Henry Circuit Court. — How. D. A. DeArmond, Judge. (1) Parol evidence is admissible to show proceedings omitted by the clerk of defendant from its records, and to prove, in the absence of any record of the fact, that the board of defendant was in session when it accepted the bid of the Racine School Furniture Company for the seats and desks. Banlc v. Dandridge, 12 Wheat. 69; United States v. Fillebrown, 7 Peters, 28 ; City of Troy v. Railroad, 13 Kan. 70 ; Ross v. City of Madison, 1 Ind. 281; 48 Am. Dec. 361; C’Mally v. McGin, 53 Wis. 353. (2) The Racine School Furniture…
1Opinion of the CourtG-ill, J.
This action was brought by the plaintiff, as assignee of the Racine School Furniture Company, to recover of the defendant school district the alleged contract price for seats furnished for a schoolhouse. There are two counts in the petition, the one based on an alleged warrant or school district order, and the other on an alleged contract with the board of directors. The answer denied all the allegations of the petition except that defendant is a body corporate for school purposes, etc. The issues were tried by the court without a jury, with finding and judgment for defendant, and plaintiff…
2Cases cited6 opinions
- Stewart v. City of ClintonSupreme Court of Missouri · 1883
- United States v. FillebrownSupreme Court of the United States · 1833
- City of Logansport v. CrockettIndiana Supreme Court · 1878
- Barnard & Co. v. Knox CountySupreme Court of Missouri · 1891
- Johnson v. School DistrictSupreme Court of Missouri · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State Ex Rel. Mooney v. Consolidated School District No. 3Missouri Court of Appeals · 1955
- State ex rel. White v. LockettMissouri Court of Appeals · 1893
- State ex rel. Bank of Belton v. WrayMissouri Court of Appeals · 1894
- Johnson v. DyeMissouri Court of Appeals · 1910
- Skinner & Kennedy Stationery Co. v. Board of EducationMissouri Court of Appeals · 1914
2 more not listed; retrieve them via the Exa API.