City of St. Charles ex rel. Budd v. Deemar
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. — How. E. -M. Hughes, Judge. (1) The work was not done according to the terms of the contract, and for this reason there can be no recovery on the taxbill. Brick Mfg. Co. v. Hamilton, 51-Mo. App. 120; Galbreath v. Newton, 30 Mo. App. 399; Meyer v. Wright, 19 Mo. App. 283; Bank v. Payne, 31 Mo. App. 521; Dunn v. McNearly, 75 Mo. App. 217; McQuiddy v. Brannock, 70 Mo.
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Appeal from St. Charles Circuit Court. — How. E. -M. Hughes, Judge. (1) The work was not done according to the terms of the contract, and for this reason there can be no recovery on the taxbill. Brick Mfg. Co. v. Hamilton, 51-Mo. App. 120; Galbreath v. Newton, 30 Mo. App. 399; Meyer v. Wright, 19 Mo. App. 283; Bank v. Payne, 31 Mo. App. 521; Dunn v. McNearly, 75 Mo. App. 217; McQuiddy v. Brannock, 70 Mo. App. 535. (2) The city council having specified, by resolution and written contract, the kind of material with which the street should be constructed and the manner of construction, the city…
1Opinion of the CourtBrace, P. J.
The plaintiff is a city of the third class. This is an action to enforce a special taxbill for repairs to a street in front of defendants’ lot. The judgment was for sixty-five dollars and thirty cents, and. the defendants appeal.
One of the defenses set up in the answer is that said taxbill is null and void, because the statute governing cities of the third class (sec. 108, p. 90, and sec. 110, p. 92, Laws 1893), by authority of which the tax-bill was issued, and which provides for the apportionment of the cost of such improvement by “the front foot rule ’ ’ is unconstitutional. That this…
2Cases cited13 opinions
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
- Barber Asphalt Paving Co. v. FrenchSupreme Court of Missouri · 1900
- Western Storage & Warehouse Co. v. GlasnerSupreme Court of Missouri · 1899
- Heman v. GilliamMissouri Court of Appeals · 1902
- Ricketts v. HartSupreme Court of Missouri · 1899
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Bower v. DanielSupreme Court of Missouri · 1906
- Redd v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1906
- Clay v. Union Wholesale Publishing Co.Supreme Court of Missouri · 1906
- Williams v. HarrisMissouri Court of Appeals · 1905
- State ex rel. Wayne County v. WoodsSupreme Court of Missouri · 1911
21 more not listed; retrieve them via the Exa API.