King Hill Brick Manufacturing Co. v. Hamilton
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. This was a suit instituted in the circuit court of Buchanan county on a special tax bill for the cost of paving Fifth street, in the city of St. Joseph, against appellant’s lot fronting thereon. Special ordinance number 960 directed that said street be paved with vitrified brick, and curbed and guttered in accordance with specifications therefor on file in the office of the city engineer.
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Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. This was a suit instituted in the circuit court of Buchanan county on a special tax bill for the cost of paving Fifth street, in the city of St. Joseph, against appellant’s lot fronting thereon. Special ordinance number 960 directed that said street be paved with vitrified brick, and curbed and guttered in accordance with specifications therefor on file in the office of the city engineer. At the time of the passage of the ordinance ordering the improvement of the street, there were two street railway tracks extending over a…
1Opinion of the CourtEllison, J.
It [appears from the foregoing statement, that the ordinance and contract provided for the paving of Fifth street with vitrified brick; that instead of using such material there was substituted for one layer of brick a course of broken stone over a space of the street, sixteen feet wide and two thousand feet in length. And, instead of the paving being of the required depth over this space, it was three inches shallower. That this was a material departure from the contract and ordinance, and going to its *125substance, is not debatable. That there must be a substantial compliance with the…
2Cases cited4 opinions
- Galbreath v. NewtonMissouri Court of Appeals · 1887
- Cole v. SkrainkaSupreme Court of Missouri · 1891
- Traders' Bank v. PayneMissouri Court of Appeals · 1888
- City of St. Joseph ex rel. Danaher v. WilshireMissouri Court of Appeals · 1891
3Cited by3 opinions
- City of Excelsior Springs v. EttensonMissouri Court of Appeals · 1906
- Lawrence v. City of PortlandOregon Supreme Court · 1917
- City of St. Joseph ex rel. King Hill Brick & Manufacturing Co. v. McCabeMissouri Court of Appeals · 1894