Quest v. Johnson
Missouri Court of Appeals
Appeal from the Jaclcson Circuit Court. — Hon. Jno. W. Henry, Judge. (1) As alleged in the petition and found by the court, neither the ordinance nor the contract for the work was substantially complied with. Under the old charter of Kansas City, therefore, the tax bills would have been absolutely and wholly void. Bank v. Payne, 31 Mo.
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Appeal from the Jaclcson Circuit Court. — Hon. Jno. W. Henry, Judge. (1) As alleged in the petition and found by the court, neither the ordinance nor the contract for the work was substantially complied with. Under the old charter of Kansas City, therefore, the tax bills would have been absolutely and wholly void. Bank v. Payne, 31 Mo. App. 512. (2) But it is claimed that there is a provision in the new charter, which was not. in the old one, which permits a recovery for the value of the work done, even though the work is not substantially done according to the ordinance and contract. We…
1Opinion of the CourtGill, J.
This is a suit in equity brought by the plaintiff to cancel certain tax bills which had been issued under the new charter of Kansas City against certain real estate owned by him, for constructing a brick pavement on Eighteenth street in said city.
It is alleged in the petition that the tax bills are void because the contractor did not substantially, or at all, comply with the ordinance or contract, under which the pavement was laid and the tax bills issued, in that said ordinance and contract required the brick used in constructing the pavement to be of the best quality of hard and thoroughly…
2Cases cited4 opinions
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Holland v. AndersonSupreme Court of Missouri · 1866
- Paris v. HaleySupreme Court of Missouri · 1875
- Traders' Bank v. PayneMissouri Court of Appeals · 1888
3Cited by7 opinions
- Porter v. R. J. Boyd Paving & Construction Co.Supreme Court of Missouri · 1908
- Dickey v. PorterSupreme Court of Missouri · 1907
- Neil v. RidgeSupreme Court of Missouri · 1909
- Supreme Lodge Knights of Pythias v. DalzellMissouri Court of Appeals · 1920
- Maher & Co. v. FarnandisWashington Supreme Court · 1912
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