Pryor v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge; (1) Tbe petition fails to state a cause of action. It omits to aver that a definite amount of money was first appropriated by the common council for the liquidation of all pecuniary liability of the city under plaintiff’s alleged contract, and it fails to state that the ordinance contemplating the payment of money to plaintiff contained the indorsement of the city comptroller to the effect that sufficient…
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge; (1) Tbe petition fails to state a cause of action. It omits to aver that a definite amount of money was first appropriated by the common council for the liquidation of all pecuniary liability of the city under plaintiff’s alleged contract, and it fails to state that the ordinance contemplating the payment of money to plaintiff contained the indorsement of the city comptroller to the effect that sufficient unappropriated means stood to the credit of the O. K. Creek sewer fund to meet the requirements of constructing division 4 of…
1Opinion of the Court
IN DIVISION ONE.
VALLIANT, J.
This is a suit to recover damagesMLleged to have been sustained by the plaintiff for breaches of a contract with the defendant city for the construction of a portion of what is called O. K. Creek sewer within the city. There are three breaches of the contract alleged, but since the finding and judgment were for the defendant on two of them and the plaintiff has not appealed we are concerned only with that one on which plaintiff recovered, which consists of the failure of defendant to pay the balance claimed to be due for work done. By the terms of the contract…
2Cases cited4 opinions
- Keating v. City of KansasSupreme Court of Missouri · 1884
- Cheeney v. Inhabitants of BrookfieldSupreme Court of Missouri · 1875
- Mister v. City of KansasMissouri Court of Appeals · 1885
- State ex rel. Gourley v. Mayor of Kansas CityMissouri Court of Appeals · 1894
3Cited by10 opinions
- Tribune Co. v. ThompsonIllinois Supreme Court · 1930
- Simpson v. City of HighwoodIllinois Supreme Court · 1939
- Roberts v. City of FargoNorth Dakota Supreme Court · 1901
- Likes v. City of RollaMissouri Court of Appeals · 1914
- McCombs v. Dallas CountyCourt of Appeals of Texas · 1940
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