Rider v. Parker Washington Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Thomas J. Beehorn} Judge. (1) It is not alleged or proven that any rebate or contract therefor enhanced to any extent the contract price, or that but for such arrangement the work could have been let cheaper. This being so, it is dámnum absque' injuria.
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Appeal from Jackson Circuit Court. — Eon. Thomas J. Beehorn} Judge. (1) It is not alleged or proven that any rebate or contract therefor enhanced to any extent the contract price, or that but for such arrangement the work could have been let cheaper. This being so, it is dámnum absque' injuria. Allen v. Labsap, 188 Mo. 692; Jaicks v. Merrill, 201 Mo. 91; Gist v. RacklifE, 123 S. W. 921. (2)' The presumption, in the absence of affirmative allegation and proof to the contrary, is that the contract was let to the lowest and best bidder according to law. Barber Asphalt Paving Co. v. Ullman, 137…
1Opinion of the CourtBroaddus, P. J.
This is a suit in equity to annul certain taxbills issued by Kansas City, Missouri, under ordinance number 17149, for paving Twenty-third street, in said city. Three different plaintiffs join in the suit, against whose property the taxbills were issued.
The grounds relied on by plaintiffs and for which they ask relief are:
First, That the bills were void because rebates had been given to certain property-owners in consideration of the property-owners signing a petition to have the improvements made for which the taxbills were’ issued.
Second, That specifications for the improvements were not…
2Cases cited6 opinions
- Dunne v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1895
- McCormick v. MooreMissouri Court of Appeals · 1909
- Brady v. BartlettCalifornia Supreme Court · 1880
- Childers v. HolmesMissouri Court of Appeals · 1902
- Perkinson v. HoolanSupreme Court of Missouri · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- McKine v. City of IndependenceMissouri Court of Appeals · 1914
- Rackliffe-Gibson Construction Co. v. Zielda-Forsee Investment Co.Missouri Court of Appeals · 1913