Waters v. School District No. 4
Missouri Court of Appeals
Appeal from the'Boone Circuit Court.—Hon. Jno. A. Hockaday, Judge. (1) The trial court erred in overruling plaintiff’s motion to strike out parts of defendant’s answer, as the same constituted no defense to plaintiff’s cause of action. Arnold v. School District, 78 Mo. '229. The school board had recognized the performance of the contract, and any matters set up in said parts of said answer going to show a failure to perform the contract during that period were concluded.
Read the full summary
Appeal from the'Boone Circuit Court.—Hon. Jno. A. Hockaday, Judge. (1) The trial court erred in overruling plaintiff’s motion to strike out parts of defendant’s answer, as the same constituted no defense to plaintiff’s cause of action. Arnold v. School District, 78 Mo. '229. The school board had recognized the performance of the contract, and any matters set up in said parts of said answer going to show a failure to perform the contract during that period were concluded. Armstrong v. School District, 19 Mo. App. 464. (2) The court erred in admitting all testimony relating to the mode and…
1Opinion of the CourtSmith, P. J.
This suit was instituted by the appellant in the Boone circuit court to recover the sum of $200, alleged to be due him for wages as teacher of the defendant’s district school. The petition alleged, in substance, that the plaintiff had entered into the usual contract to teach the district school for a term of eight months at a salary of $50 per month; that as such teacher he entered upon the discharge of his duties and taught for a period of four months, receiving pay in full therefor; that thereafter, although plaintiff was at all times ready and willing to complete said contract and to teach…
2Cases cited11 opinions
- McCullough v. Phœnix InsuranceSupreme Court of Missouri · 1893
- Rutherford v. HamiltonSupreme Court of Missouri · 1888
- State v. DuganSupreme Court of Missouri · 1892
- Arnold v. School DistrictSupreme Court of Missouri · 1883
- City of St. Joseph ex rel. Gibson v. FarrellSupreme Court of Missouri · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Scales v. ButlerMissouri Court of Appeals · 1959