New England Safe Deposit & Trust Co. v. James
Missouri Court of Appeals
Appeal from the Jachson Circuit Court. — Hon. E. L., Soarritt, Judge. (1) The contract under which the paving was done was duly authorized by any fair construction of ordinance 3636, on account of the reference to the plans and specifications. Cole v. Skrainka, 105 Mo. 303; Gallaher v. Smith,.55 Mo. App. 116. (2) The contract may stand on the affirming ordinance alone as the council has power to give effect to a contract made by an agent in excess of his authority.
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Appeal from the Jachson Circuit Court. — Hon. E. L., Soarritt, Judge. (1) The contract under which the paving was done was duly authorized by any fair construction of ordinance 3636, on account of the reference to the plans and specifications. Cole v. Skrainka, 105 Mo. 303; Gallaher v. Smith,.55 Mo. App. 116. (2) The contract may stand on the affirming ordinance alone as the council has power to give effect to a contract made by an agent in excess of his authority. Strassheim v. Jerman, 56 Mo. 104; Eailroad v. Marion Co., 36 Mo. 294; State ex rel. v. Miller, 66 Mo. 328; Johnson v. Duer, 115…
1Opinion of the CourtGill, J.
This is a suit to enforce certain special tax bills for macadamizing a portion of Fourteenth Street in Kansas City. Among other defenses it was claimed that the work was not done and completed within the time required by the ordinance providing for the improvement.
Pursuant to a petition signed by a majority in front feet of the resident property owners, the common council passed an ordinance, approved October 12, 1891, requiring the work to be done. Section 4 of said ordinance provided, “that the work shall be completed within thirty days from the time a contract therefor binds and takes…
2Cases cited1 opinion
- McQuiddy v. BrannockMissouri Court of Appeals · 1897
3Cited by13 opinions
- Neill v. GatesSupreme Court of Missouri · 1899
- Heman v. GilliamMissouri Court of Appeals · 1902
- Barber Asphalt Paving Co. v. RidgeSupreme Court of Missouri · 1902
- Curtice v. SchmidtSupreme Court of Missouri · 1907
- Barber Asphalt Paving Co. v. MunnSupreme Court of Missouri · 1904
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