Burke v. City of Kansas
Missouri Court of Appeals
Appeal from, the Jackson Circuit Court. — How. J. H. Slover, Judge. (1) When the city, through its common council, confirmed by ordinance, the written contract made by its engineer with the plaintiff’s assignor, the city was bound by a most perfect and complete and legal contract.
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Appeal from, the Jackson Circuit Court. — How. J. H. Slover, Judge. (1) When the city, through its common council, confirmed by ordinance, the written contract made by its engineer with the plaintiff’s assignor, the city was bound by a most perfect and complete and legal contract. Bank v. Patterson, 7 Cranch, 299 ; Township v. Township, 2 Iowa, 506. (2) Under the contract plaintiff agreed to construct a sewer “ according to the direction” of defendant’s “engineer” “and according to plans and specifications.” Plaintiff assumed to follow such directions as to grades, and defendant assumed the…
1Opinion of the CourtGill, J.
At the triai of this action before the circuit court the' plaintiff had a verdict and judgment for fifteen hundred dollars. The defendant filed its *575motions for a new trial and, in arrest, and upon hearing and consideration the circuit court sustained the same, incorporating in the record the reasons therefor, to-wit •
“That on the petition and facts as presented by plaintiff in the cause, the city is not liable.” To this action exception was saved and the plaintiff refused further to prosecute his suit, a final judgment was entered and the plaintiff now seeks a reversal, alleging as error the…
2Cases cited1 opinion
- Bonesteel v. . the Mayor, C., of New YorkNew York Court of Appeals · 1860
3Cited by9 opinions
- City St. Improvement Co. v. City of MarysvilleCalifornia Supreme Court · 1909
- United Construction Co. v. City of St. LouisSupreme Court of Missouri · 1934
- City of Ironton v. Harrison Const. Co.Court of Appeals for the Sixth Circuit · 1914
- Kennedy v. BowlingSupreme Court of Missouri · 1928
- F. E. Marsh & Co. v. Light & Power Co.Supreme Court of Iowa · 1923
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