Thornton v. City of Clinton
Supreme Court of Missouri
Appeal from Henry Circuit Court. — HoN. Jakes H. Lay, Judge. (1) The law is that when a city makes a contract for public improvements, which under its charter it had authority to make, it must be held responsible for a breach of that contract on its part, although it has no power to incur a general debt for such purpose. Missouri: Eisher v. St. Louis, 44 Mo. 482; Chambers v. St. Joseph, 38 Mo. App. 536; Oster v. Jefferson City, 57 Mo.
Read the full summary
Appeal from Henry Circuit Court. — HoN. Jakes H. Lay, Judge. (1) The law is that when a city makes a contract for public improvements, which under its charter it had authority to make, it must be held responsible for a breach of that contract on its part, although it has no power to incur a general debt for such purpose. Missouri: Eisher v. St. Louis, 44 Mo. 482; Chambers v. St. Joseph, 38 Mo. App. 536; Oster v. Jefferson City, 57 Mo. App. 485; Steffen v. St. Louis, 135 Mo. 44. Washington: Stephens v. Spokane, 39 Pac. 266; McEwin v. Spokane, 16 Wash. 212; Phila. Mrtg. Co. v. Newwhatcom, 52…
1Opinion of the CourtYalliant, J.
In this suit plaintiffs seek to recover of defendant, which is a city of the third class, a general *653judgment for a balance due them on contracts for macadamizing, curbing and guttering certain streets which bound the' courthouse square in that city. The contracts were entered into in December, 1888, and the wdrk was competed in August, 1889.
Upon the completion of the work the defendant city passed ordinances making special assessments against the abutting property to pay for the same, and issued to the plaintiffs special tax bills against the various lots and pieces of land fronting on the…
2Cases cited5 opinions
- Farrar v. City of St. LouisSupreme Court of Missouri · 1883
- City of Clinton ex rel. Thornton v. Henry CountySupreme Court of Missouri · 1893
- Fisher v. City of St. LouisSupreme Court of Missouri · 1869
- Steffen v. City of St. LouisSupreme Court of Missouri · 1896
- Oster v. City of JeffersonMissouri Court of Appeals · 1894
3Cited by6 opinions
- Likes v. City of RollaMissouri Court of Appeals · 1914
- Municipal Securities Corp. v. Kansas CitySupreme Court of Missouri · 1915
- Broad v. City of MoscowIdaho Supreme Court · 1908
- City of St. Louis v. G. H. Wright Contracting Co.Supreme Court of Missouri · 1907
- Cotter v. Kansas CitySupreme Court of Missouri · 1913
1 more not listed; retrieve them via the Exa API.