Schibel v. Merrill
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — No». J. N. Plover, Judge. ' • Tire work in this case was completed within a reasonable timé after the contract was confirmed, and the taxbill is valid. The decision of the trial court in this case was made in accordance with Ayers v. Schmohl, 86 Mo. App. 349. That case has been considered in Heman v. Gilliam, 171 Mo. 258. The provision regarding the time of completion of the wort is practically the same as this case.
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Appeal from Jackson Circuit Court. — No». J. N. Plover, Judge. ' • Tire work in this case was completed within a reasonable timé after the contract was confirmed, and the taxbill is valid. The decision of the trial court in this case was made in accordance with Ayers v. Schmohl, 86 Mo. App. 349. That case has been considered in Heman v. Gilliam, 171 Mo. 258. The provision regarding the time of completion of the wort is practically the same as this case. The court tried the case upon the theory that if the time overran the time specified in the contract, that is, ninety days, then the taxbill…
1Opinion of the CourtFox, J.
This cause is before this court upon an appeal from a decree by the Jackson county circuit .court, annulling and setting aside a certain taxbill issued by Kansas City for street improvement.
The petition fully stated the case, and the answer clearly indicates the line of defense to this action, and they are here reproduced.
The petition is:
“Plaintiffs for cause of action state that the defendant Kansas City is a municipal corporation, and that the defendant James Cowgill is city treasurer of Kansas City, Missouri.
“Plaintiffs state that in 1895 and for a long time prior thereto and ever since…
2Cases cited5 opinions
- Heman v. GilliamMissouri Court of Appeals · 1902
- Barber Asphalt Paving Co. v. RidgeSupreme Court of Missouri · 1902
- Hilgert v. Barber Asphalt Paving Co.Missouri Court of Appeals · 1904
- Sparks v. Villa Rosa Land Co.Missouri Court of Appeals · 1903
- Hill-O'Meara Construction Co. v. HutchinsonMissouri Court of Appeals · 1903
3Cited by12 opinions
- Allen v. LabsapSupreme Court of Missouri · 1905
- Snouffer & Ford v. City of TiptonSupreme Court of Iowa · 1911
- Fisher v. L. E. Whitham & Co.Texas Supreme Court · 1931
- Mays v. JacksonSupreme Court of Missouri · 1940
- F. M. Hubbell, Son & Co. v. City of Des MoinesSupreme Court of Iowa · 1915
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