Kansas City ex rel. Mullins v. McDonald
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) The vital question in the case is whether Mullins is a laborer within the meaning of section 20, article 9, of the charter of Kansas Oity. Erath v. Allen, 55 Mo., App. 107, is decisive of this case as the facts can not be distinguished. Linnenkohlv. Winkelmeyer, 54 Mo. App. 570, 573; Ereeman. v. Aylor, 62 Mo. App. 613, 616; Kelly v.. Rowane, 33 Mo. App. 440; O’Brien v. Mayer, 23 Mo.
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Appeal from the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) The vital question in the case is whether Mullins is a laborer within the meaning of section 20, article 9, of the charter of Kansas Oity. Erath v. Allen, 55 Mo., App. 107, is decisive of this case as the facts can not be distinguished. Linnenkohlv. Winkelmeyer, 54 Mo. App. 570, 573; Ereeman. v. Aylor, 62 Mo. App. 613, 616; Kelly v.. Rowane, 33 Mo. App. 440; O’Brien v. Mayer, 23 Mo. App. 648, 653; Heman v. Improvement Oo., 58 Mo. App. 480, 485; Gregg v. Dunn, 38 Mo. App. 283; Vane v. Newcomber, 132 H. S. 220. (2) A…
1Opinion of the CourtGill, J.
Statement. McDonald entered into a contract with Kansqg City to build a sewer. As required by the city charter, he covenanted “to pay for the work and labor of all laborers and teamsters, teams and wagons employed on the work, and for all materials used therein,” and the performance of said covenant was guaranteed by defendants Russell and Wyman. Plaintiff Mullins entered into a. contract with McDonald to do the *446entire brick work of tbe sewer, its laterals, catch-basins,' etc., at stipulated prices per lineal foot and so much for each catch-basin, the materials however to be furnished by…
2Cases cited6 opinions
- Vane v. NewcombeSupreme Court of the United States · 1889
- Aikin v. . WassonNew York Court of Appeals · 1862
- Savannah & Charleston Railroad v. CallahanSupreme Court of Georgia · 1872
- M. K. & T. Railway Co. v. BakerSupreme Court of Kansas · 1875
- Rogers v. Dexter & Piscataquis RailroadSupreme Judicial Court of Maine · 1893
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3Cited by2 opinions
- Energy Masters Corp. v. FulsonMissouri Court of Appeals · 1992
- Kansas City ex rel. Diamond Brick & Tile Co. v. SchroederSupreme Court of Missouri · 1906