La Veine v. City of Kansas City

The opinion of the court was delivered by

Cunningham, J.:

This was an action to enjoin the collection of a special-improvement tax levied against the abutting property of the plaintiffs for curbing and guttering a street in Kansas City, Kan. The injunction was denied by the court below and plaintiffs bring error. There is but one question in the case, which is stated in the plaintiffs’ brief, as follows :

“We contend that the provision in the contract requiring the contractor to agree to maintain and keep in repair the pavement for a period of ten years cast upon the abutting owners the costs of…