Brady & Kerby v. City of St. Joseph
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court.—lion. W. K. James, Judge. (1) The petition in this case states a cause of action, because, upon a valid contract, a municipal corporation is liable in the same manner and to the same extent as an individual. And where it prevents the performance of a contract, it is liable for damages resulting therefrom. Chambers v. City of St. Joseph, 33 Mo. App. 536; Murray v. Kansas City, 47 Mo.
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Appeal from the Buchanan Circuit Court.—lion. W. K. James, Judge. (1) The petition in this case states a cause of action, because, upon a valid contract, a municipal corporation is liable in the same manner and to the same extent as an individual. And where it prevents the performance of a contract, it is liable for damages resulting therefrom. Chambers v. City of St. Joseph, 33 Mo. App. 536; Murray v. Kansas City, 47 Mo. App. 105; Steffen v. St. Louis, 135 Mo. 44; Thornton v. City of Clinton, 148 Mo. 648;-Fisher v. City of St. Louis, 44 Mo. 482; Oster v. City of Jefferson, 57 Mo. App. 485.…
1Opinion of the CourtSmith, P. J.
This suit was commenced in April, 1899, The petition inter alia alleges that on the sixteenth day of June, 1890, the defendant, a city of the second class, entered into a written contract with one Michael Reital for the grading of a certain street in defendant citybetween certain designated points therein, and for the work to be performed under said contract the said Reital was to receive payment in special tax bills to be issued by the defendant city against the abutting property liable therefor; that afterwards, and -before the completion of the grading contemplated by the said *402contract,…
2Cases cited11 opinions
- Bradley v. ReppellSupreme Court of Missouri · 1896
- Bridges v. StephensSupreme Court of Missouri · 1896
- Reyburn v. CaseySupreme Court of Missouri · 1859
- St. Louis Gas-Light Co. v. City of St. LouisMissouri Court of Appeals · 1881
- Steffen v. City of St. LouisSupreme Court of Missouri · 1896
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3Cited by6 opinions
- Curtis v. SextonSupreme Court of Missouri · 1907
- Lehner v. RothMissouri Court of Appeals · 1921
- City of Moberly v. HassettMissouri Court of Appeals · 1907
- Ash v. City of IndependenceMissouri Court of Appeals · 1903
- Wills v. BurbankMissouri Court of Appeals · 1914
1 more not listed; retrieve them via the Exa API.