540 S.W.2d 621 | Mo. Ct. App. | 1976
Plaintiff James Goodyear appeals from dismissal of his petition in quantum meruit to recover for services performed for defendant. Defendant moved to dismiss with prejudice for failure to state a claim upon which relief can be granted.
Section 432.070, RSMo 1969, states: “No . . . school district shall make any contract . . . unless the same . . shall be in writing . .” Missouri courts have uniformly interpreted this statute to preclude recovery against school districts on quantum me-ruit or any theory of implied contract. Metz v. Warrick, 217 Mo.App. 504, 269 S.W. 626[2-4] (1925); Hoevehnan v. Reorganized School District R2 of Crawford County, 452 S.W.2d 298[4-6] (Mo.App.1970).
The requirements of § 432.070 are mandatory and not merely directory. Hoevelman, supra, l.c. 301. Otherwise, the requirement that contracts subject to
As the court in Miller v. Alsbaugh, 2 S.W.2d 208[4, 5] (Mo.App.1928) said, “The fact that the school district got the benefit of the work . . . does not give any right of action against the district.” When an individual seeks to contract to work for a school district without complying with § 432.070 he does so at his own risk. Metz, supra, l.c. 627.
Plaintiff contends defendant has waived immunity from suit on the basis of language in § 178.770, RSMo 1969, which says a school district “may sue and be sued.” Plaintiff has ignored the final phrase of that statute which says “except as herein otherwise provided.”
Judgment affirmed.