Jones v. Paul
Missouri Court of Appeals
Appeal from Jasper Circuit Court,- — Hon. Howard Oray} Judge. (1) The general ordinance, together with the contract made time of the essence of the contract, the same’ as though it was written in the contract. This is settled law in this State. Springfield v. Divi., 80 Mo. App. 574; Herman y. Gillian, 171 Mo. 267 1. c; Paying Go. v. Munn, 185 Mo. 569 1. c.; Springfield v. Schmook, 12 Mo.
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Appeal from Jasper Circuit Court,- — Hon. Howard Oray} Judge. (1) The general ordinance, together with the contract made time of the essence of the contract, the same’ as though it was written in the contract. This is settled law in this State. Springfield v. Divi., 80 Mo. App. 574; Herman y. Gillian, 171 Mo. 267 1. c; Paying Go. v. Munn, 185 Mo. 569 1. c.; Springfield v. Schmook, 12 Mo. App. 489. (2) When time is of the essence of the contract, the city council has no authority to extend the time for completing the contract. And if the work is not completed within the time mentioned in the…
1Opinion of the CourtJohnson, J.
Action to enforce the lien of at special taxbill issued by the city of Joplin, a city of the third class, in part payment of the cost of grading and macadamizing First street in said city from Amander avenue to Meridian street. The validity of the taxbill is attacked by defendant on the ground that the time for the completion of the improvement was made of the essence of the contract between the city and the contractor, and the improvement was not completed until after the expiration of the time specified.
*526The ordinance authorizing the work was passed by the city council December 19, 1900, and…
2Cases cited8 opinions
- Heman v. GilliamMissouri Court of Appeals · 1902
- Rose v. TrestrailMissouri Court of Appeals · 1895
- Barber Asphalt Paving Co. v. MunnSupreme Court of Missouri · 1904
- Hund v. RackliffeSupreme Court of Missouri · 1905
- City of Springfield ex rel. Stahl & Graves v. DavisMissouri Court of Appeals · 1899
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3Cited by2 opinions
- City Trust Co. v. CunninghamMissouri Court of Appeals · 1929
- Paxton v. BonnerMissouri Court of Appeals · 1913