Savage v. City of Springfield
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — lion. James Tilford Neville, Judge. (1) Under the law the defendant city, had no authority to pay for a horse that was dead at the time the contract was made between the parties. Sec. 48, art. 4, Const, of Mo. Dillon Municipal Corp., secs. 457, 935, 936. (2) The plea of ultra vires was available as a defense to such contract.
Read the full summary
Appeal from the Greene Circuit Court. — lion. James Tilford Neville, Judge. (1) Under the law the defendant city, had no authority to pay for a horse that was dead at the time the contract was made between the parties. Sec. 48, art. 4, Const, of Mo. Dillon Municipal Corp., secs. 457, 935, 936. (2) The plea of ultra vires was available as a defense to such contract. Dillon Municipal Corp., sec. 504; City of St. Louis v. Davidson, 102 Mo. 149; Oheeney v. Brookfield, 60 Mo. 53. The instruction given by the court was not the law. Saxton v. Beach, 50 Mo. 488; State v. Saline County, 45 Mo. 242;…
1Opinion of the CourtBland, P. J.
Plaintiff as the assignee of the Springfield Yolunteer Eire Department No. 1, sued the defendant for the purchase price ($150) for one horse, alleged to have been sold by the fire company to the defendant city. The defense was that the city bought five head of horses of the fire company at an agreed price of - $740, but at the time one of the horses included in the purchase was dead, and that the fire company had but four horses, for which the city had paid the fire company the agreed price of $590. The jury returned a verdict for plaintiff for $150. A judgment was rendered on the verdict and…
2Cases cited3 opinions
- Crutchfield v. City of WarrensburgMissouri Court of Appeals · 1888
- Woolfolk v. Randolph CountySupreme Court of Missouri · 1884
- Inhabitants of Schell City v. L. M. Rumsey Manufacturing Co.Missouri Court of Appeals · 1890
3Cited by8 opinions
- Donovan v. Kansas CitySupreme Court of Missouri · 1943
- Fleshner v. Kansas CitySupreme Court of Missouri · 1941
- Likes v. City of RollaMissouri Court of Appeals · 1914
- Perkins v. Independent School DistrictMissouri Court of Appeals · 1903
- Montague Compressed Air Co. v. City of FultonMissouri Court of Appeals · 1912
3 more not listed; retrieve them via the Exa API.