L. M. Rumsey Manufacturing Co. v. Inhabitants of the Town of Schell City
Missouri Court of Appeals
Appeal from Vernon Circuit Court, Hon. Charles <3-. Burton, Judge. The case is stated in the opinion. I. The defendant has no right to make a purchase of this character, except by ordinance. There was no ordinance passed here, and no attempt to pass any. Rev. Stat., sect. 5010; Dillon Mun. Corp. (3 Ed.) sects. 432, 309, 310. II. Uie board acted clearly without authority, and, therefore, could not bind the town.
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Appeal from Vernon Circuit Court, Hon. Charles <3-. Burton, Judge. The case is stated in the opinion. I. The defendant has no right to make a purchase of this character, except by ordinance. There was no ordinance passed here, and no attempt to pass any. Rev. Stat., sect. 5010; Dillon Mun. Corp. (3 Ed.) sects. 432, 309, 310. II. Uie board acted clearly without authority, and, therefore, could not bind the town. Johnson v. School Dist., 67 Mo. 319; Cheeny v. Brookfield, 60 Mo. 53; Dillon Mun. Corp., sect. 266. III. If any one is bound in this case it is the individual members who signed the…
1Opinion of the CourtPhilips, P. J.
— This is an action to recover from defendant the sum of three hundred and four dollars,' alleged to be due plaintiff as the balance on the sale of a fire engine. The first count of the petition is based on a warrant purporting to have been issued to p]aintiff°by the board of trustees of said town for said sum. This issue was found for defendant. The second count, alleges that plaintiff, in March, 1883, sold to defendant a fire engine for the sum of -seven hundred and ninety-seven dollars, on which defendant had paid the sum of four hundred and ninety-three dollars ; and judgment is asked for…
2Cases cited7 opinions
- State v. Washington Social Library Co.Ohio Supreme Court · 1841
- Werth v. City of SpringfieldSupreme Court of Missouri · 1883
- Stewart v. City of ClintonSupreme Court of Missouri · 1883
- Thomson v. Mayor of BoonvilleSupreme Court of Missouri · 1875
- Saxton v. City of St. JosephSupreme Court of Missouri · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Crutchfield v. City of WarrensburgMissouri Court of Appeals · 1888
- Foncannon v. City of KirksvilleMissouri Court of Appeals · 1901
- Inhabitants of Schell City v. L. M. Rumsey Manufacturing Co.Missouri Court of Appeals · 1890
- City of Unionville v. MartinMissouri Court of Appeals · 1902
- Frazier v. School District No. 1Missouri Court of Appeals · 1887
2 more not listed; retrieve them via the Exa API.