Kansas City v. O'Connor
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. Henry, Judge. —Hon. Jóhn. W. (1) “It is needless to cite authorities that this bond, although voluntary and not authorized by any statute, is good as a common law bond. All bonds, though voluntary, if they do not contravene public policy, nor violate any statute, are valid and binding on the parties to them.”
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Appeal from the Jackson Circuit Court. Henry, Judge. —Hon. Jóhn. W. (1) “It is needless to cite authorities that this bond, although voluntary and not authorized by any statute, is good as a common law bond. All bonds, though voluntary, if they do not contravene public policy, nor violate any statute, are valid and binding on the parties to them.” Barnes v. Webster, 16 Mo. 265. (2) The provisions of section 21, article 9 of the Kansas City Charter, distinctly authorize the city authorities to provide for the maintenance and repair (within two years) of work of this character. Section 21,…
1Opinion of the Court
ELLISON, J".
The defendant O’Connor is a contractor who paved a street in Kansas City under an ordinance thereof. This action is on the bond given by O’Connor as principal and the other defendants as sureties for the faithful performance of the contract, wherein it was alleged to have been a part of the contract that O’Connor was to keep the street in rep'air *660for á certain period which he failed to do. The action is for a breach of the contract. A demurrer to the petition was sustained in the trial court on the ground that it did not state a cause of action. The city appealed.
The contract…
2Cases cited16 opinions
- Central Transportation Co. v. Pullman's Palace Car Co.Supreme Court of the United States · 1891
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Verdin v. City of St. LouisSupreme Court of Missouri · 1895
- Peltz v. EicheleSupreme Court of Missouri · 1876
- City of Chicago v. BlairIllinois Supreme Court · 1894
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Anglo-American Land, Mortgage & Agency Co. v. LombardCourt of Appeals for the Eighth Circuit · 1904
- Fleshner v. Kansas CitySupreme Court of Missouri · 1941
- National Surety Company v. Kansas City Hydraulic Press Brick Co.Supreme Court of Kansas · 1906
- Tandy v. Elmore-Cooper Live Stock Commission Co.Missouri Court of Appeals · 1905
- City of Roswell v. BatemanNew Mexico Supreme Court · 1915
7 more not listed; retrieve them via the Exa API.