O'Shonessy v. City of Sioux City
Supreme Court of Iowa
Appeal from 'Woodbury District Court.- — W. G. Sears, Judge. Suit in equity, to set aside certain paving assessments and to cancel the lien thereof against the property of the plaintiff. A demurrer to tbe petition was sustained, and the plaintiff appeals.
1Opinion of the CourtEvans, C. J.
The alleged invalidity of the paving assessments under attack is based upon the theory that the paving contract was not performed within the time specified within the original contract, and that the city council had no authority to extend the time of performance.
The contract in question was let to the construction company on July 1, 1920, and provided that the performance should be fully completed on or.before the 15th day of November 1920, ‘ ‘ unless otherwise provided in writing, signed by the mayor, and approved by the city council,” subject only to certain other provisions. The…
2Cases cited1 opinion
- Messer v. MarshSupreme Court of Iowa · 1921