Union Depot Co. v. City of St. Louis
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. “Corporations can claim no exception from those rules and maxims which are established to enforce good faith and fair-dealing.” — 32 N. H. 299, 6 Cranch, 53; 4 Wall. 495; 20 How. 299. “Acquiescence in and receipt of benefits of a contract or agreement estop a municipal corporation.” — 7 Ohio St. 330 ; 8 Ohio St. 401; Grant v. City of Davenport, 18 Iowa, 191; St. Louis v. Oarondelet, 29 Mo. 527 ; Opinion Supreme Court to Governor, 44…
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Appeal from the St. Louis Circuit Court. “Corporations can claim no exception from those rules and maxims which are established to enforce good faith and fair-dealing.” — 32 N. H. 299, 6 Cranch, 53; 4 Wall. 495; 20 How. 299. “Acquiescence in and receipt of benefits of a contract or agreement estop a municipal corporation.” — 7 Ohio St. 330 ; 8 Ohio St. 401; Grant v. City of Davenport, 18 Iowa, 191; St. Louis v. Oarondelet, 29 Mo. 527 ; Opinion Supreme Court to Governor, 44 Mo. 21; Railroad Co. v. Marion County, 36 Mo. 303; The State v. Dent, 18 Mo. — ; -v. Woodson, Governor (per Dillon, J.).
1Opinion of the CourtHayden, J.
This is a proceeding to restrain the defendant from taking possession of certain ground in the city of St. Louis, *413which the defendant claims is a public street, and which is designated as Eleventh Street, south of Poplar Street. The defendant, under ordinance 10,749, providing for the removal of obstructions from the streets, sought to remove the buildings which the plaintiff, a corporation under the act of March 18, 1871, in regard to the formation of union depots for railroads in cities, had erected upon the land, the dedication or - prior use of which as' a public street the plaintiff…
2Cited by5 opinions
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- Schueler v. City of KirkwoodMissouri Court of Appeals · 1915