Kansas City ex rel. Diamond Brick v. McGovern
Missouri Court of Appeals
Appeal from, the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) This case comes fully within the provisions of the case of McQuiddy v. Brannock, 70 Mo. App. 535, holding the contract void and inoperative after the expiration of the time limited by the express terms of the contract. Broclc v. Tuning, 89 Oal. 316; Raiscb v. San Francisco, 80 Oal. 1; Fanning v. Schammel, 68 Oal. 428; Daugherty v. Coffin, 69 Cal. 454. (2) “The verdict and judgment is against the law.”
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Appeal from, the Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) This case comes fully within the provisions of the case of McQuiddy v. Brannock, 70 Mo. App. 535, holding the contract void and inoperative after the expiration of the time limited by the express terms of the contract. Broclc v. Tuning, 89 Oal. 316; Raiscb v. San Francisco, 80 Oal. 1; Fanning v. Schammel, 68 Oal. 428; Daugherty v. Coffin, 69 Cal. 454. (2) “The verdict and judgment is against the law.” McQuiddy v. Brannock, 70 Mo. App. 535; Rose v. Trestrail, 62 Mo. App. 352. (1) The trial court had no authority to pass…
1Opinion of the CourtSmith, P. J.
*515Statement. *514The defendant McGovern as principal and the other defendants as promisors entered into a written agreement with the plaintiff city whereby the said McGovern *515agreed, to macadamize, etc., a certain street in the plaintiff city, the work, by the terms of the contract, to be commenced in ten days and completed within sixty days after the date of the confirmation of the contract. There was a further provision in said contract to the effect that if the cost of the labor and materials used in carrying out the contract were not paid in full by the said McGovern, the other defendants, the…
2Cases cited7 opinions
- Owings v. McKenzieSupreme Court of Missouri · 1896
- McQuiddy v. BrannockMissouri Court of Appeals · 1897
- Wayman v. JonesMissouri Court of Appeals · 1894
- Rucker v. RobinsonSupreme Court of Missouri · 1866
- Aultman & Taylor Co. v. SmithMissouri Court of Appeals · 1893
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3Cited by1 opinion
- John A. Tolman Co. v. HunterMissouri Court of Appeals · 1905