Brigham v. Hickman
Missouri Court of Appeals
Appeal from Jackson Gircnit Court. — Hon. James A. Goodrich, Judge. (1) From May 23, 1905, to July 31, 1906, is an unreasonably long time to -tie up a street on work which was to be done in one hundred days. Spalding v. Forsee, 109 M'o. App. 675. (2) Plaintiffs ought to have been permitted to show that, as soon as the court proceedings were ended, they raised the money to pay damages to hasten the grading.
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Appeal from Jackson Gircnit Court. — Hon. James A. Goodrich, Judge. (1) From May 23, 1905, to July 31, 1906, is an unreasonably long time to -tie up a street on work which was to be done in one hundred days. Spalding v. Forsee, 109 M'o. App. 675. (2) Plaintiffs ought to have been permitted to show that, as soon as the court proceedings were ended, they raised the money to pay damages to hasten the grading. (3) That defendant Hickman caused the five months’ delay in the confirmation of his contract, though for two months of that time he was working on the grading, plaintiffs ought to have been…
1Opinion of the CourtJohnson, J.
Action in equity to obtain the cancellation of certain special taxbills issued by Kansas City for the grading of Campbell street between Thirty-ninth and Forty-third streets. Judgment was for defendant, the owner of the taxbills, and the cause *218is before us on the appeal of plaintiffs, owners of the property assessed. A contract for grading the street was awarded to defendant, May 23, 1905, but it was not confirmed by the city until October 20th following. The initial ordinance did not prescribe the time for the completion of the grading, but the contract stated it should be completed in one…
2Cases cited2 opinions
- Hund v. RackliffeSupreme Court of Missouri · 1905
- Jaicks v. Middlesex Investment Co.Supreme Court of Missouri · 1906
3Cited by2 opinions
- Montague v. W. H. Kolkmeyer & Co.Missouri Court of Appeals · 1909
- Paul v. BurressMissouri Court of Appeals · 1910