Dick v. Riddle
Missouri Court of Appeals
Appeal from Macon Circuit Court. — Hon. Hat. M. Shelton, Judge. (1) The contract between the plaintiffs and the city is severable and divisible. Johnson v. Duer, 115 Mo. App. 366; Excelsior Springs v. Ettenson, 120 Mo.
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Appeal from Macon Circuit Court. — Hon. Hat. M. Shelton, Judge. (1) The contract between the plaintiffs and the city is severable and divisible. Johnson v. Duer, 115 Mo. App. 366; Excelsior Springs v. Ettenson, 120 Mo. App. 215; 7 Ency. of Law, pp. 95-7; Page on Contracts, secs. 1483-87. (2) The law contemplates that the contract for curbing shall be separate and divisible from the contract for paving and grading, and that separate taxbills be issued for curbing: Laws of M'o., 1891, p. 63; Excelsior Springs v. Ettenson, 120 Mo. App. 215. (3) The contract being separate and divisible, the…
1Opinion of the Court
JOHNSON, J. —
This action is on four special tax-bills issued by the city of Brookfield, a city of the third class, in payment of the cost of grading, curbing and paving Main street. Defendant owned two lots on the street. A taxbill for $64.58 was issued against each lot on account of the grading and paving and one for $9.65 against each lot on account of the curbing. The answer pleaded defects in the regularity of the proceedings leading to the issuance of the bills, fraud and collusion between certain city officers and the contractors, and that the work was not done in substantial compliance…
2Cases cited5 opinions
- State v. MontgomerySupreme Court of Missouri · 1904
- City of Excelsior Springs v. EttensonMissouri Court of Appeals · 1906
- Ries v. St. Louis Transit Co.Supreme Court of Missouri · 1903
- Peters Shoe Co. v. ArnoldMissouri Court of Appeals · 1899
- Cluley-Miller Coal Co. v. Freund Packing & Manufacturing Co.Missouri Court of Appeals · 1909
3Cited by3 opinions
- City of Maryville ex rel. Citizens' National Bank v. LippmanMissouri Court of Appeals · 1910
- Katz v. Pulaski Savings & Loan Ass'nMissouri Court of Appeals · 1976
- Huff v. DoerrMissouri Court of Appeals · 1921