Carter v. Reynolds County
Decision Date | 15 November 1926 |
Parties | William Carter, Appellant v. Reynolds County |
Court | Missouri Supreme Court |
Appeal from Reynolds Circuit Court; Hon. E. M. Dearing Judge.
Affirmed.
John H. Raney and Garry H. Yount for appellant.
(1) If a claim against a county be for work and labor done, or material furnished in good faith by the claimant, under contract with the county authorities, or with an agent of the county lawfully authorized, the claimant, if he shall have fulfilled his contract, shall be entitled to recover the just value of such work, labor and material, though such authorities or agent may not, in making such contract, have pursued the form of proceedings prescribed by law. Sec. 9507 R. S. 1919; Bryson v. County, 100 Mo. 76. (2) The record entry made by the county court, the letter written to appellant by a member of said court, the acceptance by the appellant of the offer or donation made by the defendant, and his performance of his part of said contract, was a sufficient compliance with Sec. 2164, R. S. 1919. Water Co. v. Aurora, 129 Mo. 540; California v. Tel Co., 112 Mo.App. 728; Forrester v. Sullivan, 231 Mo. 370.
John R. Johnson for respondent.
(1) The statute provides the kind of contract necessary to sustain an action of this kind, and as the proof did not meet the statutory requirement the trial court did not err in rendering judgment for respondent. Sec. 2164, R. S. 1919; Carter v. George, 264 S.W. 463; Iowa Bonding & Casualty Co. v. City of Marceline, 255 S.W. 577; Hillside Securities Co. v. Minter, 300 Mo. 380. (2) The second count of the petition is intended to be based upon Sec. 9507, R. S. 1919. In this count it is alleged that appellant did the work at the special instance and request of respondent. To authorize a recovery under this section a contract must be alleged and proven, and as that was not done appellant is not entitled to recover. Sec. 9507, R. S. 1919; Perkins v. School Dist., 99 Mo.App. 488; Taylor v. School Dist., 60 Mo.App. 375; Metz v. Warrick, 269 S.W. 626; Likes v. City of Rolla, 184 Mo.App. 296; Hillside Securities Co. v. Minter, 300 Mo. 380.
Ragland, P. J. All concur, except Graves, J., absent.
This is an action at law. The petition is in two counts. The first alleged a cause of action as follows:
The second: "Plaintiff says that on the 23rd day of June, 1921, at the special instance and request of defendant, plaintiff drove certain piling along the west side of Black River and adjoining the western end of a certain steel highway bridge across said Black River near Carter's Mill in Reynolds County, Missouri; that the work and labor of driving said piling was reasonably worth the sum of five hundred dollars."
The answer as to both counts was a general denial.
A jury was waived and the cause tried to the court. The facts which plaintiff's evidence tended to show are fairly set forth in the following statement found in appellant's (plaintiff's) brief:
The court order and the letter of Judge George above referred to were as follows:
The Order:
To continue reading
Request your trial-
Hoffman v. City of Muscatine
... ... This ... court has said in Johnson County Savings Bank v. City of ... Creston, 212 Iowa 929, 231 N.W. 705, that: ... "It ... Consolidated School District, 316 Mo. 621, 291 S.W. 136; ... Carter v. Reynolds County, 315 Mo. 1233, 288 S.W ... 48; Carter v. Bradley County Road Improvement ... ...
-
Tate v. School Dist. No. 11 of Gentry County
... ... v. City of Lebanon, ... 163 Mo. 254; City of Brunswick ex rel. v. Scott, 219 ... Mo.App. 45, 275 S.W. 994; Carter v. Reynolds Co., ... 315 Mo. 1233, 288 S.W. 50; Stewart v. Clinton, 79 ... Mo. 603; State ex rel. v. Ry. Co., 315 Mo. 430, 286 ... S.W. 363; ... ...
-
Nodaway County v. Kidder
...at a court in session. And proof of action by the court if legal and valid could only be shown by the record of such court. Carter v. Reynolds County, 315 Mo. 1233; Bayless v. Gibbs, 251 Mo. 492. "A county can speak only through its records and this is true as to all of its acts, whether ju......
-
Johnson County Sav. Bank v. City of Creston
... ... 39746 Supreme Court of Iowa, Des Moines June 23, 1930 ... Appeal ... from Union District Court.--H. H. CARTER, Judge ... SUPPLEMENTAL ... OPINION JUNE 20, 1931 ... Suit in ... equity by a paving contractor, and its ... Mun. Corp., ... Section 1164; Strickler v. Consolidated School ... District, 316 Mo. 621, 291 S.W. 136; Carter v ... Reynolds County, 315 Mo. 1233, 288 S.W. 48; Carter ... v. Bradley County Road Improvement District, 246 S.W. 9, ... 155 Ark. 288; Gaddis v. Barton ... ...