City of St. Louisex rel. Sullivan v. Clemens
Supreme Court of Missouri
Appeal from, St.' Louis Circuit Court. Lewis McGrath and William Cahill entered into a contract with the city of St. Louis for grading, curbing, and macadamizing a certain street in St. Louis adjoining defendant’s property. This work having been partly finished, the contract was assigned to plaintiff as administratrix of Walter Sullivan, who completed the Same and brought her action upon certified tax bills against ■defendant for the work.
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Appeal from, St.' Louis Circuit Court. Lewis McGrath and William Cahill entered into a contract with the city of St. Louis for grading, curbing, and macadamizing a certain street in St. Louis adjoining defendant’s property. This work having been partly finished, the contract was assigned to plaintiff as administratrix of Walter Sullivan, who completed the Same and brought her action upon certified tax bills against ■defendant for the work. Defendant, in his answer, set up a counter claim for damages caused to his property by reason of the negligent and unskillful manner in which the work was…
1Opinion of the CourtHolmes, Judge
This was a suit upon special certified tax bills for grading, curbing, and macadamizing a street in the city. The plaintiff recovered judgment, and the defendant appealed.
The material points may be considered as already determined by the previous decisions of this court in similar cases.
The first ground of error that is relied upon for a reversal was, that the contract with the city was not assignable, and that the plaintiff, as assignee, could not maintain this suit upon the. evidence which was offered. This was not one of those contracts which stipulate for the personal services, knowledge,…
2Cases cited3 opinions
- City of St. Joseph v. AnthonySupreme Court of Missouri · 1860
- Leahy v. Dugdale's AdministratorSupreme Court of Missouri · 1858
- City of St. Louis v. RudolphSupreme Court of Missouri · 1865
3Cited by10 opinions
- R. R. v. . R. R.Supreme Court of North Carolina · 1908
- Atlantic & North Carolina Railroad v. Atlantic & North Carolina Co.Supreme Court of North Carolina · 1908
- D. C. Hardy Implement Co. v. South Bend Iron WorksSupreme Court of Missouri · 1895
- Schreck v. ParkerMissouri Court of Appeals · 1965
- Empire Paving & Construction Co. v. Prather's AdministratorMissouri Court of Appeals · 1894
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