Cotter v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. R. L. McGune, Judge. (1) The court erred in sustaining the demurrer and dismissing the case.
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Appeal from Jackson Circuit Court. — Hon. R. L. McGune, Judge. (1) The court erred in sustaining the demurrer and dismissing the case. Westport had authority to. construct sewers and pay for the same out of the general fund, under the law governing cities of the fourth class, independently .of the Sewer Act of 1893. The •ordinance was binding and the contract effective, and an obligation to pay for the. work was thereby created, although made pursuant to the Sewer Act of 1893. The valid portions of the ordinance and contract will be permitted to stand and the invalid portions will be…
1Opinion of the Court
ROY, C.
Plaintiff sued for balance of compensation on contract for building* a sewer. A demurrer to the petition was sustained, and the plaintiff, electing to stand on his petition, has appealed.
Prior to 1897, Westport, a suburb of Kansas City, was a city of the fourth class. The Act of March 18, 1893 (Laws 1893, p. 101) purported to authorize certain cities including* those of the fourth class to construct sewers and pay for the same in special tax bills against the several tracts of land in the sewer district. That act provided (Sec. 13) that such special tax should constitute the only…
2Cases cited5 opinions
- Porter v. R. J. Boyd Paving & Construction Co.Supreme Court of Missouri · 1908
- Fisher v. City of St. LouisSupreme Court of Missouri · 1869
- Robert J. Boyd Paving & Contracting Co. v. WardCourt of Appeals for the Eighth Circuit · 1898
- Owen v. BaerSupreme Court of Missouri · 1900
- Thornton v. City of ClintonSupreme Court of Missouri · 1899
3Cited by7 opinions
- Donovan v. Kansas CitySupreme Court of Missouri · 1943
- Bell v. City of FayetteSupreme Court of Missouri · 1930
- Likes v. City of RollaMissouri Court of Appeals · 1914
- Municipal Securities Corp. v. Kansas CitySupreme Court of Missouri · 1915
- Henning v. City of CasperWyoming Supreme Court · 1936
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