City of St. Louis v. Ruecking
Supreme Court of Missouri
' Appeal from St. Louis City Circuit Court. — Eon. Robert M. Foster, Judge. (1) The doctrine of ‘‘substantial performance” as applied to building and construction contracts applies only where there has been an honest attempt to comply with the contract, where the deviations from its terms, are slight and do not run through the entire work.
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' Appeal from St. Louis City Circuit Court. — Eon. Robert M. Foster, Judge. (1) The doctrine of ‘‘substantial performance” as applied to building and construction contracts applies only where there has been an honest attempt to comply with the contract, where the deviations from its terms, are slight and do not run through the entire work. St. Joseph v. Anthony, 30 Mo. 537; Woodward v. Fuller, 105 Mo. 303.; Kansas City v. Swope, 79- Mo. 446; Kiley v. Oppenheimer, 55 Mo. 374; Elliott v. Caldwell, 43 Minn. 359; GHacius v. Black, 67 N. T. 563; Foeller v. Heintz, 118 N. W. 543. (2) This doctrine…
1Opinion of the CourtGraves, J.
The city of St. Louis brought this action upon the bond of defendants, Ruecking and Eistrup, copartners, and their surety, said bond being conditioned upon the faithful performance of a contract to construct a certain sewer for the city.
The petition alleged that on October 17, 1901, the appellant entered into a contract with Ruecking and Eistrup, contractors, by the terms of which they agreed to build a certain sewer in a workmanlike manner, according to plans and specifications on file in the office of the sewer commissioner of the city of St. Louis. That by said plans and specifications,…
2Cases cited6 opinions
- Cole v. SkrainkaSupreme Court of Missouri · 1891
- Porter v. R. J. Boyd Paving & Construction Co.Supreme Court of Missouri · 1908
- Johnson v. DuerSupreme Court of Missouri · 1893
- City of St. Joseph v. AnthonySupreme Court of Missouri · 1860
- Whitworth v. Webb CitySupreme Court of Missouri · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Evans v. Massman Construction Co.Supreme Court of Missouri · 1938
- Phoenix Assurance Company of New York v. Appleton City, MissouriCourt of Appeals for the Eighth Circuit · 1961
- Trimble v. StewartMissouri Court of Appeals · 1913
- Coatsworth Lumber Co. v. OwenMissouri Court of Appeals · 1915
- City of Maryville v. CoxMissouri Court of Appeals · 1914
3 more not listed; retrieve them via the Exa API.