State ex rel. Prichard v. Ward

• Court: Missouri Court of Appeals
• Writing for the Court: PER CURIAM
• Citation: State ex rel. Prichard v. Ward, 305 S.W.2d 900 (Mo. App. 1957)
• Decision Date: 25 June 1957
• Docket Number: No. 22601,22601
• Parties: STATE of Missouri ex rel. G. W. PRICHARD, d/b/a William Prichard & Associates, Appellant, v. J. Carl WARD, J. E. Jackson, Kenneth Lee, Pharis Cleeton, Lee Reece, T. H. Simpson, John Moffett and O. H. Gramling, Respondents.

Page 900

305 S.W.2d 900

STATE of Missouri ex rel. G. W. PRICHARD, d/b/a William Prichard & Associates, Appellant, v. J. Carl WARD, J. E. Jackson, Kenneth Lee, Pharis Cleeton Lee Reece, T. H. Simpson, John Moffett and O. H Gramling, Respondents.

No. 22601.

Kansas City Court of Appeals, Missouri.

June 25, 1957.

Henry G. Eager, Leo E. Eickhoff, Jr., Kansas City, Blackmar, Swanson, Midgley, Jones & Eager, Kansas City, of counsel, for appellant.

L. E. Atherton, Milan, for respondents.

SPERRY, Commissioner.

Relator herein an engineer, filed petition for writ of mandamus to compel respondents, the Mayor, Members of the Council, and Clerk of the City of Milan, to amend the journal entry of a meeting of the Board of Aldermen of said City regarding the employment of Relator by the City to perform certain professional services. Upon a trial the preliminary writ was dismissed and Relator appeals.

The petition, as amended, states that preliminary discussions were had between Relator and the representatives of the City of Milan, relating to the performance by Relator of professional services for the City, in connection with the production and distribution of electricity, and relating to the treatment of sewerage and the improvement and extension of sewerage lines and facilities; that, following said discussions, a meeting of the Mayor and Council was held, on February 3, 1953, at which time the following journal entry was made:

'Motion by Jackson the Mayor be authorized and instructed to enter into a contract with G. W. Prichard concerning Electric Distribution System, said contract to be subject to the approval of a legal practicing attorney and in conformity with the Manual of Practice of Civil Engineering, Seconded by Armstrong. Vote: * * *.'

It is further alleged that, thereafter, Relator and the Mayor entered into written contracts, duly signed, whereby Relator agreed to perform certain services with regard to the electrical distribution system of the City, and also the perform certain services in connection with the sewerage system of the City; that Relator, in good faith, has performed said services but is unable to prove a valid contract with relation to the sewerage system because no reference thereto is made in the journal entry authorizing the execution of the contract between the Mayor and Relator; that this deficiency in the record has but recently come to his attention; that the true and correct entry should have been as follows:

'Motion by Jackson the Mayor be authorized and instructed to enter into contracts with G. W. Prichard concerning Electric Distribution System, sewage treatment plant and sewerage lines said contracts to be subject to the approval of a legal practicing attorney and in conformity with the Manual of Practice of Civil Engineering. Seconded by Armstrong. Vote: * * *'.

It is readily apparent that neither the entry, as originally made, nor as sought to be amended in this action, can bind the City of Milan in any contract entered by the Mayor pursuant to said order and entry. It is too vague and indefinite to meet the requirements of Section 432.070 RSMo 1949, V.A.M.S., the pertinent portions of which are as follows:

'No county, city, town, village, school township school district or other municipal corporation shall make any contract * * * and such contract, including the consideration, shall be in writing and dated when made, and shall be subscribed by the parties thereto, or their agents authorized by law and duly appointed and authorized in writing.' Italics ours.

The statute...