Hydraulic Press Brick Co. v. School District
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Rudolph Hirzel, Judge. The court should have given declaration of law number 1 in view of the evidence. The evidence offered on part of the plaintiff was competent and sufficient to prove the contract between tbe school district and Wilson & Billings, contractors.
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Appeal from the St. Louis City Circuit Court. — Hon. Rudolph Hirzel, Judge. The court should have given declaration of law number 1 in view of the evidence. The evidence offered on part of the plaintiff was competent and sufficient to prove the contract between tbe school district and Wilson & Billings, contractors. The suit being an' action ex delicto not ex contractu, the materialman, a subcontractor, on one hand, and the school district and directors thereof on the other for failure to perform a ministerial duty, the contract between the school district and Wilson & Billings, the original…
1Opinion of the CourtBland, P. J.
The plaintiff counts upon the following alleged facts: That theKirkwoodSchoolDistrict on the thirty-first of May, 1897, entered, into a contract with Wilson & Billings, tfor the erection of a school building for the district; that Wilson & Billings sublet the brick work of said building to Otto Schwartzburg; that plaintiff sold and delievered to Schwartzburg $1,154 worth of brick which were used in the construction of said building; that a balance of $604.12 of the purchase price of said bricks was due and unpaid, and that Schwartzburg is insolvent; that the school.district and its directors,…
2Cases cited1 opinion
- Bassett v. . FishNew York Court of Appeals · 1878
3Cited by28 opinions
- Consolidated School District No. 1 v. WrightSupreme Court of Oklahoma · 1927
- Plumbing Supply Co. v. Board of EducationSouth Dakota Supreme Court · 1913
- Monnier v. GodboldSupreme Court of Louisiana · 1906
- Hudson v. McArthurSupreme Court of North Carolina · 1910
- La Crosse Lumber Co. v. SchwartzMissouri Court of Appeals · 1912
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