State ex rel. Coleman v. Board of County Commissioners
Supreme Court of Kansas
Error from Dickinson district court; Oscar L. MOORE, judge. STATEMENT. M. W. Moir, in the name of M. W. Moir & Co., presented to the board of county commissioners of Dickinson county, Kansas, a written proposition as follows: “Gentlemen — We propose to assist the proper officers of your county to discover taxable property subject to taxation in your county that has not been listed and assessed as required by law.
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Error from Dickinson district court; Oscar L. MOORE, judge. STATEMENT. M. W. Moir, in the name of M. W. Moir & Co., presented to the board of county commissioners of Dickinson county, Kansas, a written proposition as follows: “Gentlemen — We propose to assist the proper officers of your county to discover taxable property subject to taxation in your county that has not been listed and assessed as required by law. “For our services therefor we will charge your county a sum of money equal to twenty-five (25) per cent, of the taxes paid into the county treasury of your county by reason of said…
1Opinion of the Court
*542The opinion of the court was delivered by
Smith, J.:
Numerous errors are assigned, principally trial errors, but two questions of law will determine the case, viz.: (1) Was the contract a valid contract? (2) If not, was Moir entitled to recover upon a quantum meruit the value of the services he had rendered, in view of the benefits the county had received ? We will discuss these questions in order.
It must be conceded at the outset that the board of county commissioners is in a sense the general business agent of the county, and as such has charge of its financial affairs and business matters…
2Cases cited9 opinions
- Stevens v. County of HenryIllinois Supreme Court · 1905
- House v. Los Angeles CountyCalifornia Supreme Court · 1894
- Grannis v. Board of County CommissionersSupreme Court of Minnesota · 1900
- Storey v. MurphyNorth Dakota Supreme Court · 1899
- County of Platte v. GerrardNebraska Supreme Court · 1882
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3Cited by20 opinions
- Von Rosenberg v. LovettCourt of Appeals of Texas · 1914
- Fancher v. Board of CommissionersNew Mexico Supreme Court · 1921
- Speer v. KratzensteinNebraska Supreme Court · 1943
- Cunningham v. BlytheSupreme Court of Kansas · 1942
- Dillon Stores v. LoveladySupreme Court of Kansas · 1993
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