Allen v. Labsap
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Now. Warwick Hough, Judge. (1) The failure to complete the -work in the time-specified in the contract constitutes a complete defense and makes the taxbill void. Time is of the essence of this contract. McQuiddy v. Brannock, 70 Mo. App. 535; Springfield v. Davis, 80 Mo.
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Appeal from St. Louis City Circuit Court. — Now. Warwick Hough, Judge. (1) The failure to complete the -work in the time-specified in the contract constitutes a complete defense and makes the taxbill void. Time is of the essence of this contract. McQuiddy v. Brannock, 70 Mo. App. 535; Springfield v. Davis, 80 Mo. App. 594; Neil v. Gates, 152 Mo. 585; Barber Asphalt Co. v. Ridge, 169 Mo. 376. The alleged causes of the delay as recited in the reply and shown in the evidence are not covered by the contract. The street commissioner cannot- delegate his authority to compensate the contractor for…
1Opinion of the CourtLamm, J.
This is a suit to enforce the lien of a taxbill, levying the cost of certain street improvements against abutting properties, and, inter alia, against a lot, the property of appellant Nettie Labsap, fronting twenty-eight feet and eight inches on Easton avenue, between Marcus avenue and Kings Highway boulevard, in St. Louis.
The bill was issued to one G. Eyerman, Jr., as original contractor, who assigned to respondent. Tried to the court without a jury, judgment was entered for plaintiff, from which defendants appealed. The pertinent facts will appear in the opinion.
I. , It is contended by…
2Cases cited14 opinions
- Atkin v. KansasSupreme Court of the United States · 1903
- People Ex Rel. Rodgers v. . ColerNew York Court of Appeals · 1901
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- Barber Asphalt Paving Co. v. UllmanSupreme Court of Missouri · 1897
- Barber Asphalt Paving Co. v. HuntSupreme Court of Missouri · 1889
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3Cited by25 opinions
- Reeves, Inc. v. StakeSupreme Court of the United States · 1980
- Louisiana Associated Gen. Contr. v. CalcasieuSupreme Court of Louisiana · 1991
- Gist v. Rackliffe-Gibson Construction Co.Supreme Court of Missouri · 1909
- Fisher v. State Highway Com'n of Mo.Supreme Court of Missouri · 1997
- Arkansas-Missouri Power Corp. v. City of KennettSupreme Court of Missouri · 1941
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