Morley v. City of St. Joseph
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon.:Henry M. Barney, Judge. (1) The court erred in instructing the jury that before the six hundred dollars could be used for repairing the sewer they must believe that it fell in by reason of imperfect work. Under the terms of the contract, ten per cent of the contract price (six hundred dollars) was retained for the purpose of making necessary repairs within six months after the completion of the sewer.
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Appeal from Buchanan Circuit Court. — Hon.:Henry M. Barney, Judge. (1) The court erred in instructing the jury that before the six hundred dollars could be used for repairing the sewer they must believe that it fell in by reason of imperfect work. Under the terms of the contract, ten per cent of the contract price (six hundred dollars) was retained for the purpose of making necessary repairs within six months after the completion of the sewer. Upon the expiration of said period, provided the work should remain in good order, the plaintiff was entitled to receive the sum retained, or such part…
1Opinion of the CourtBroaddus, P. J.
In 1901 the defendant city by its common council passed an ordinance authorizing the' extension of a certain city sewer “as far as the sum of six thousand dollars will pay for the same.” Plaintiff secured the contract for the construction of the work. There was a provision in the contract that “the second party (the city of St. Joseph) is hereby authorized to retain out of the moneys payable to the first party under this contract the sum of ten per cent of the whole amount of the contract, and to expend the same in making such repairs as may become necessary in the manner herein provided.”…
2Cases cited3 opinions
- Dye v. BowlingMissouri Court of Appeals · 1900
- Patterson v. Missouri Glass Co.Missouri Court of Appeals · 1897
- State ex rel. Kessler v. Gold Spring Distilling Co.Missouri Court of Appeals · 1897
3Cited by2 opinions
- R. F. Conway Co. v. City of ChicagoIllinois Supreme Court · 1916
- Young v. YoungSupreme Court of Iowa · 1917