Edwards v. City of Kirkwood
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Hon. John W. McElhinney, Judge. (1) The defendant had the power to enter into with the plaintiff the contract sued upon, and even if defectively executed, the plaintiff is entitled to recover thereon to the extent of services rendered under said contract. Laws of Missouri 1903, p. 81; Edwards v. Kirkwood, 147 Mo.
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Appeal from St. Louis County Circuit Court. — Hon. John W. McElhinney, Judge. (1) The defendant had the power to enter into with the plaintiff the contract sued upon, and even if defectively executed, the plaintiff is entitled to recover thereon to the extent of services rendered under said contract. Laws of Missouri 1903, p. 81; Edwards v. Kirkwood, 147 Mo. App. 599'. (2) The defendant wholly failed to show that plaintiff was at the time of making the contract sued upon, and during the period of performance thereof, city attorney of the defendant. R. S. 1909, sec. 9223. The employment of…
1Opinion of the CourtReynolds, P. J.
This case was heretofore before this court on appeal of plaintiff from a decision of the circuit court of the county of St. Louis, sustaining' a demurrer to the amended petition. At that time the city of Kirkwood and Mr. Pagenstecher, its collector, were defendants. We held that the demurrer had been properly sustained as to the collector, but that it had been improperly sustained as to the city. The case was accordingly reversed and remanded that it might proceed against the city alone. The opinion of our court will be found re*579ported Tinder the title Edwards v. City of Kirkwood et al., 147…
2Cases cited6 opinions
- State ex rel. Lemon v. Board of EqualizationSupreme Court of Missouri · 1891
- County of Ralls v. DouglassSupreme Court of the United States · 1882
- Edwards v. City of KirkwoodMissouri Court of Appeals · 1910
- State ex rel. Mosconi v. MaroneySupreme Court of Missouri · 1905
- State v. DouglassSupreme Court of Missouri · 1872
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3Cited by5 opinions
- County of Nodaway v. KidderSupreme Court of Missouri · 1939
- Polk Tp., Sullivan County v. SpencerSupreme Court of Missouri · 1953
- Hawkins v. City of FayetteMissouri Court of Appeals · 1980
- In Re Bank of Mt. Moriah v. Mt. MoriahMissouri Court of Appeals · 1932
- State v. SmithSupreme Court of Missouri · 1989