Strassheim v. Jerman
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. Special ordinance No. 6,583, fails to specify the time within which it should be performed. Time is of the essence of contracts of this character. Fixing the time is a part of the legislative power, can only he exercised by the City Council, and cannot be delegated, (See Ruggles vs. Collier, 43 Mo., 365; Thompson vs. Sehermerhorn, 6 N. Y., [2 Seld.,] 92; City of East St. Louis vs. Wehrung, 50 111., 28.) II.
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Appeal from St. Louis Circuit Court. I. Special ordinance No. 6,583, fails to specify the time within which it should be performed. Time is of the essence of contracts of this character. Fixing the time is a part of the legislative power, can only he exercised by the City Council, and cannot be delegated, (See Ruggles vs. Collier, 43 Mo., 365; Thompson vs. Sehermerhorn, 6 N. Y., [2 Seld.,] 92; City of East St. Louis vs. Wehrung, 50 111., 28.) II. An ordinance can have no retrospective operation upon a previous contract entered into for building sewers or improving streets. (St. Louis vs.…
1Opinion of the CourtSherwood, Judge
Action on a special tax bill for curbing, guttering and macadamizing Caroline street and paving the cross-walks thereof, in front of the property of defendant, situate in city block No. 1,275. An ordinance, No. 6,583, was approved July 3rd, 1868, by the first section whereof the city engineer was “authorized and instructed to cause” said street between two given points, “to be graded, curbed, guttered, macadamized and the cross-walks and side-walks -to be paved.” The contract for the performance of the above mentioned work was entered into Jiriy 31st, 1868, and the dimensions and manner of…
2Cited by8 opinions
- Barber Asphalt Paving Co. v. UllmanSupreme Court of Missouri · 1897
- Heman v. GilliamMissouri Court of Appeals · 1902
- Fisher v. L. E. Whitham & Co.Texas Supreme Court · 1931
- O'Laughlin v. City of KirkwoodMissouri Court of Appeals · 1904
- Ayres v. SchmohlMissouri Court of Appeals · 1900
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