Sparks v. Villa Rosa Land Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — How. W. K. Jamies, Judge. (1) Hodges’ contract especially provided that he should proceed with his work under the direction of the city engineer and that he should he entitled to an extension of his time in case he was hindered or delayed. The trial court refused to give plaintiff the benefit of said sections of his contract, which was error. ’Whittemore v. Sills, 76 Mo.
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Appeal from Buchanan Circuit Court. — How. W. K. Jamies, Judge. (1) Hodges’ contract especially provided that he should proceed with his work under the direction of the city engineer and that he should he entitled to an extension of his time in case he was hindered or delayed. The trial court refused to give plaintiff the benefit of said sections of his contract, which was error. ’Whittemore v. Sills, 76 Mo. App. 248. (2) At most the only penalty that could have been imposed on Hodges for his failure to complete contract within time specified-provided the delay had been caused by his own…
1Opinion of the CourtBroaddus, J.
This action is based upon certain taxbills issued to W. O. Hodges, a contractor and plaintiff’s assignor, as payment for grading Messanie street in the city of St. Joseph, Missouri. The defendant refused to pay the bills, which, at the time of trial, amounted to $1,700. The object of this suit is to enforce the lien of said bills on the defendant’s property. The defendant’s answer set out that the contractor had failed to complete the work within the forty days limit prescribed in his contract with the city. To this answer, plaintiff replied alleging that the contractor was hindered and…
2Cases cited5 opinions
- Neill v. GatesSupreme Court of Missouri · 1899
- Heman v. GilliamMissouri Court of Appeals · 1902
- Rose v. TrestrailMissouri Court of Appeals · 1895
- Whittemore v. SillsMissouri Court of Appeals · 1898
- Jenkins v. StetlerIndiana Supreme Court · 1889
3Cited by7 opinions
- Hund v. RackliffeSupreme Court of Missouri · 1905
- Schibel v. MerrillSupreme Court of Missouri · 1904
- Hilgert v. Barber Asphalt Paving Co.Missouri Court of Appeals · 1904
- Smith v. City of WestportMissouri Court of Appeals · 1904
- Riggins v. City of Kansas CityMissouri Court of Appeals · 2011
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