Paul v. Burress
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Henry L. Bright, Judge. (1) It lias been the law in this state for a great many years that where time is the essence of the contract, the city council could not extend the time for completing the work, after the original time mentioned in the contract had expired. Jones v. Paul, 136 Mo.
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Appeal from Jasper Circuit Court. — Hon. Henry L. Bright, Judge. (1) It lias been the law in this state for a great many years that where time is the essence of the contract, the city council could not extend the time for completing the work, after the original time mentioned in the contract had expired. Jones v. Paul, 136 Mo. App. 538; Neill v. Gates, 152 Mo. 585; Hund v. Rack- . iiff, 192 Mo. 312; Construction Co. v. Coal Co., 205 Mo. 49. (2) The ability of the city to create a lien on the property of one of its citizens in the manner pointed out in the ordinance referred to, is founded not…
1Opinion of the CourtNixon, P. J.
This was an action in equity to obtain the cancellation of a special taxbill for $51.48, issued by the city of Joplin for the construction of a sewer which was laid along an alley back of appellant’s property, the grounds alleged for relief being that said taxbill was void and constituted a cloud on appellant’s title. Defendant, the owner of the taxbill, prevailed before the chancellor, and the case is be*42fore us on the appeal of the plaintiff, the owner of the property assessed. The ordinance authorizing the improvement is not set forth at any place in the abstract and we have no knowledge of…
2Cases cited4 opinions
- Heman v. GilliamMissouri Court of Appeals · 1902
- Allen v. LabsapSupreme Court of Missouri · 1905
- Brigham v. HickmanMissouri Court of Appeals · 1909
- Montague v. W. H. Kolkmeyer & Co.Missouri Court of Appeals · 1909
3Cited by2 opinions
- Riggins v. City of Kansas CityMissouri Court of Appeals · 2011
- Hillsborough County v. Pal Mere, Inc.Supreme Court of Florida · 1931