Spalding v. Forsee
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The court erred in refusing defendant’s request to find the passage of the extension ordinance, approved November 20, 1899. It was an undisputed and material fact. (2) The extension ordinances in this case, where time was of the essence of the contract were invalid, and without effect to relieve the contractor.
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Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The court erred in refusing defendant’s request to find the passage of the extension ordinance, approved November 20, 1899. It was an undisputed and material fact. (2) The extension ordinances in this case, where time was of the essence of the contract were invalid, and without effect to relieve the contractor. Smith v. Westport, 79 S. W. 725. (1) “The time in which public work should be done is a legislative function and can not be delegated to the city engineer. ... It inevitably follows from these considerations that the…
1Opinion of the CourtEllison, J.
This action is based on a special taxbill issued for street paving in the city of St. Joseph. The judgment in the trial court was for the plaintiff who is assignee of the bill.
It was provided in the ordinance (or in specifications therein adopted, which is the same thing) that the work should be done within sixty days and that time should be of the essence of the contract; and it was so provided in the contract itself. There was no other provision on that subject. The case falls directly under our decision in Smith v. City of Westport, 79 S. W. Rep. 725, where it is shown in an opinion by…
2Cases cited7 opinions
- McQuiddy v. BrannockMissouri Court of Appeals · 1897
- Wickwire v. City of ElkhartIndiana Supreme Court · 1896
- Kneeland v. FurlongWisconsin Supreme Court · 1866
- Childers v. HolmesMissouri Court of Appeals · 1902
- Hilgert v. Barber Asphalt Paving Co.Missouri Court of Appeals · 1904
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3Cited by3 opinions
- Riggins v. City of Kansas CityMissouri Court of Appeals · 2011
- Deutsch v. Oklahoma CitySupreme Court of Oklahoma · 1928
- Jones v. PaulMissouri Court of Appeals · 1909