Gratz v. City of Kirk-Wood
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Hon. John W. McElhiwney, Judge. (1) Where the contract is not for a lump sum but for specific amounts for given quantities, the quantities as afterwards ascertained, may be considered in determining whether the contract is within the estimate. In re Marsh, 83 N. T. 431. (2) An estimate is necessarily only an expression of opinion formed upon the best data obtainable.
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Appeal from St. Louis County Circuit Court. — Hon. John W. McElhiwney, Judge. (1) Where the contract is not for a lump sum but for specific amounts for given quantities, the quantities as afterwards ascertained, may be considered in determining whether the contract is within the estimate. In re Marsh, 83 N. T. 431. (2) An estimate is necessarily only an expression of opinion formed upon the best data obtainable. It is not; and is not intended as, an accurate statement or computation. Boonville ex rel. v. Rogers, 125 Mo. App. 142; Railroad v. Chandler’s Adm’r (Ky.), 72 S. W. 805; Shipman v.…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).— This being a suit in equity to cancel certain taxbills and remove them as being a cloud on the title of plaintiff to certain real estate owned by her, its subject-matter is within the appellate jurisdiction of this court, our Supreme Court, in Smith v. Westport, 174 Mo. 394, 74 S. W. 610, having expressly decided, on the authority of Barber Asphalt Paving Co. v. Hezel, 138 Mo. 228, 39 S. W. 781, that such a suit is not one involving title to real estate. The amount involved is also within our jurisdiction.
Being a suit in equity, the appellate court is charged with…
2Cases cited10 opinions
- City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
- Dickey v. PorterSupreme Court of Missouri · 1907
- Barber Asphalt Paving Co. v. HezelSupreme Court of Missouri · 1897
- Shipman v. StateWisconsin Supreme Court · 1877
- Jaicks v. MerrillSupreme Court of Missouri · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- J. E. Hathman, Inc. v. Sigma Alpha Epsilon Club of ColumbiaSupreme Court of Missouri · 1973
- Branting v. Salt Lake CityUtah Supreme Court · 1915
- Alsmeier v. AdamsIndiana Court of Appeals · 1914
- Meyers v. WoodMissouri Court of Appeals · 1913
- Stover v. City of SpringfieldMissouri Court of Appeals · 1912
6 more not listed; retrieve them via the Exa API.