Rose v. Trestrail
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. James Gibson, Judge. The court sustained the injunction upon one point alone, viz: That time was of the essence of the contract; that, inasmuch as nothing was done within, the thirty days, therefore the contract became void. “Time does not become of the essence of a contract unless so declared or indicated by the circumstances.” Brown v. Trust Co., 128 U. S. 415; Hoffman v. Railroad, 157 Pa.
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Appeal from the Jackson Circuit Court. — Hon. James Gibson, Judge. The court sustained the injunction upon one point alone, viz: That time was of the essence of the contract; that, inasmuch as nothing was done within, the thirty days, therefore the contract became void. “Time does not become of the essence of a contract unless so declared or indicated by the circumstances.” Brown v. Trust Co., 128 U. S. 415; Hoffman v. Railroad, 157 Pa. St. 194; Byman v. McCulloch, 46 N. J. Eq. Í4; Waterman v. Banks, 144 IT. S. 403; Cheney v. Libby, 134 U. S. 77; Mastín v. Grimes, 88 Mo. 485; Murray v. Kansas…
1Opinion of the CourtSmith, P. J.
The plaintiff applied for an injunction to restrain the defendants, Trestrail and the city of Westport, from curbing McGee ¡street, between Thirty-first and Thirty-third streets.
It appears that a city ordinance was passed and approved June 15, 1893, directing the work to be done. By section 3, it was provided that, “the work shall be completed within thirty days from the time a contract therefor binds and takes effect, etc.” That afterward, bn the seventeenth day of June, 1893, the city and defendant, Trestrail, entered into a written contract for doing the work and in which it was stipulated…
2Cases cited11 opinions
- French v. EdwardsSupreme Court of the United States · 1872
- State ex rel. Bayha v. PhilipsSupreme Court of Missouri · 1888
- Cole v. SkrainkaSupreme Court of Missouri · 1891
- Carlin v. CavenderSupreme Court of Missouri · 1874
- Kiley v. OppenheimerSupreme Court of Missouri · 1874
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3Cited by24 opinions
- McQuiddy v. BrannockMissouri Court of Appeals · 1897
- Neill v. GatesSupreme Court of Missouri · 1899
- Heman v. GilliamMissouri Court of Appeals · 1902
- Barber Asphalt Paving Co. v. RidgeSupreme Court of Missouri · 1902
- City of Lexington ex rel. Menefee v. Commercial BankMissouri Court of Appeals · 1908
19 more not listed; retrieve them via the Exa API.