Meyer v. Wright
Missouri Court of Appeals
Appear from Jackson Circuit Court, Hon. Turner A. GriRR, Judge. Statement of case by the court. This suit was brought by appellants as assignees of one Patrick Keating, by publication against respondent anon-resident, to charge the property of respondent with the payment of two special tax bills issued to said Keating by the city engineer of the City of Kansas, as the contractor for grading a portion of Tracy avenue.
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Appear from Jackson Circuit Court, Hon. Turner A. GriRR, Judge. Statement of case by the court. This suit was brought by appellants as assignees of one Patrick Keating, by publication against respondent anon-resident, to charge the property of respondent with the payment of two special tax bills issued to said Keating by the city engineer of the City of Kansas, as the contractor for grading a portion of Tracy avenue. One of the tax bills was for $36.61, and the other for $69.76, the former being issued' for grading the street proper, and the latter for grading the sidewalks. The total cost of…
1Opinion of the CourtEllison, J.
The evidence was clear that the work was not done in substantial compliance with the contract, in front of defendant’s property. The evidence of each party showed this to be true.
The evidence further showed, or tended to show, that the cost of completing the work in front of defendant’s property, so as to make it conform with the terms of the •contract would exceed the amounts sued for. It, also,- appeared that the city engineer received the work and issued the tax bills in regular form.
The refused instruction declared in substance that the amount required to complete the work as it should be…
2Cases cited3 opinions
- Kiley v. CranorSupreme Court of Missouri · 1873
- City ex rel. McGrath v. ClemensSupreme Court of Missouri · 1872
- Creamer v. BatesSupreme Court of Missouri · 1872
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- McQuiddy v. BrannockMissouri Court of Appeals · 1897