Cole v. Skrainka
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B. V alliant, Judge. (1) It being conceded by all the evidence that the ordinance called for a paving block eight inches deep, there was no power in the board of public improvements to make a contract for a paving block from seven to eight inches deep. Leach v. Cargill, 60 Mo. 316; Keating v. Kansas City, 84 Mo. 416. (2) No action can arise on a void contract. Keating v. Kansas City, supra.
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Appeal from St. Louis City Circuit Court. — Hon. L. B. V alliant, Judge. (1) It being conceded by all the evidence that the ordinance called for a paving block eight inches deep, there was no power in the board of public improvements to make a contract for a paving block from seven to eight inches deep. Leach v. Cargill, 60 Mo. 316; Keating v. Kansas City, 84 Mo. 416. (2) No action can arise on a void contract. Keating v. Kansas City, supra. (3) The fact that plaintiffs made complaint that the work was not being done according to contract is no estoppel against their complaint that the…
1Opinion of the CourtBlack, J.
The plaintiffs are owners of property having a front of one hundred and ten feet on Market street in the city of St. Louis. They brought this suit in equity to set aside and cancel a tax bill issued by the proper city officials to the defendant in payment for work done and materials furnished in reconstructing and repaving the street. The circuit court found the issues for defendant and dismissed the bill, and that judgment was affirmed by the St. Louis court of appeals ; but one of the judges being of the opinion that the decision was contrary to Kiley v. Oppenheimer, 55 Mo. 374, and…
2Cases cited5 opinions
- Kiley v. OppenheimerSupreme Court of Missouri · 1874
- Leach v. CargillSupreme Court of Missouri · 1875
- Sheehan v. OwenSupreme Court of Missouri · 1884
- Kimball v. BrawnerSupreme Court of Missouri · 1871
- City of Kansas ex rel. Frear Stone & Pipe Manufacturing Co. v. SwopeSupreme Court of Missouri · 1883
3Cited by38 opinions
- Glaser v. RothschildSupreme Court of Missouri · 1909
- Wolff v. CampbellSupreme Court of Missouri · 1892
- City of Joplin v. Joplin Water Works CompanySupreme Court of Missouri · 1965
- Warren v. Barber Asphalt Paving Co.Supreme Court of Missouri · 1893
- City of Springfield ex rel. Central National Bank v. WeaverSupreme Court of Missouri · 1897
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