City of Unionville v. Martin
Missouri Court of Appeals
Appeal from Johnson Cirenit Court.-— Eon. W. L. Jarrott, Judge. (1) The officers of the city had no power or authority to prevent Martin from carrying out his contract, and did not do so. Under Martin’s own testimony there is no pretense that the officers forcibly interfered and carried away the casing to have it perforated. The meaning and effect of his testimony is that he reluctantly yielded to their request to have the casing perforated.
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Appeal from Johnson Cirenit Court.-— Eon. W. L. Jarrott, Judge. (1) The officers of the city had no power or authority to prevent Martin from carrying out his contract, and did not do so. Under Martin’s own testimony there is no pretense that the officers forcibly interfered and carried away the casing to have it perforated. The meaning and effect of his testimony is that he reluctantly yielded to their request to have the casing perforated. He could have prevented it if he had insisted. Hence, the peremptory instruction should have been given. (2) The perforating of the casing by agreement…
1Opinion of the CourtSmith, P. J.
The plaintiff, a city of the fourth class, entered into a written contract with defendant Martin whereby the latter undertook to bore a well for the former. The latter, with his co-defendants as sureties, further entered into a bond to such former in the sum of three thousand dollars, conditioned for the faithful performance of said contract and to refund all *33moneys advanced to the latter by snch former in case of a refusal, failure or neglect to complete the work specified in said contract.
This is an action on said bond to recover the penalty thereof. The petition alleges that defendant…
2Cases cited25 opinions
- Werth v. City of SpringfieldSupreme Court of Missouri · 1883
- Stewart v. City of ClintonSupreme Court of Missouri · 1883
- City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
- Thomson v. Mayor of BoonvilleSupreme Court of Missouri · 1875
- Ruggles v. CollierSupreme Court of Missouri · 1869
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3Cited by9 opinions
- City of Fort Worth v. First Baptist Church of Fort WorthCourt of Appeals of Texas · 1924
- Kansas City ex rel. Diamond Brick & Tile Co. v. SchroederSupreme Court of Missouri · 1906
- Reynolds v. City of IndependenceMissouri Court of Appeals · 1985
- Chenowith v. StateCourt of Criminal Appeals of Texas · 1906
- West Virginia Coal Co. v. City of St. LouisSupreme Court of Missouri · 1930
4 more not listed; retrieve them via the Exa API.