Coulter v. Phoenix Brick & Construction Co.
Missouri Court of Appeals
Appeal from Gentry Circuit Court. — Non. William O. Ellison, Judge. (1) Tbe preliminary resolution was sufficient. Tbe specifications were on file at tbe time tbe resolution was passed. Bridewell v. Cockrell, 122 Mo. App. 199. (2) The ordinance was not defective because stating that tbe work was that of “grading, paving, guttering, etc.”
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Appeal from Gentry Circuit Court. — Non. William O. Ellison, Judge. (1) Tbe preliminary resolution was sufficient. Tbe specifications were on file at tbe time tbe resolution was passed. Bridewell v. Cockrell, 122 Mo. App. 199. (2) The ordinance was not defective because stating that tbe work was that of “grading, paving, guttering, etc.” At most this is merely ambiguous permitting the introduction of parol testimony to show what was intended to he done and what was actually done thereunder. The testimony here shows that sub-grading only was done, and the ordinance will be construed as one for…
1Opinion of the CourtBroaddus, P. J.
This is a suit in equity by several property-owners of the city of Albany, a city of the fourth class, to cancel certain taxbills issued by the city against their property for costs of grading, paving, guttering and curbing parts of certain streets in said city upon which their properties abutted. The decree Avas in favor of the plaintiffs. There are various grounds alleged, upon which plaintiffs rely for a cancellation of the taxbills, among Avhich are that the resolution adopted by the city council did not describe the work, or specify the materials for construction, either directly or by…
2Cases cited10 opinions
- Barber Asphalt Paving Co. v. O'BrienMissouri Court of Appeals · 1908
- Central Savings Bank v. ShineSupreme Court of Missouri · 1871
- City of Kirksville ex rel. Fleming Manufacturing Co. v. ColemanMissouri Court of Appeals · 1903
- Sargent v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1893
- McChesney v. City of ChicagoIllinois Supreme Court · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Heil v. RogersMissouri Court of Appeals · 1959
- Haggart v. AltonSouth Dakota Supreme Court · 1912
- City of Webb City v. AylorMissouri Court of Appeals · 1912
- City of Poplar Bluff ex rel. Jolly v. BaconMissouri Court of Appeals · 1910
- Scales v. ButlerMissouri Court of Appeals · 1959
7 more not listed; retrieve them via the Exa API.