McCormick v. City of St. Louis
Supreme Court of Missouri
Error to St. Louis City Circuit Court. — Son. Jacob Klein, J udge. (1) The estimates and decisions of the water commissioner of St. Louis, in evidence in this cause, were not final and conclusive as to the work and material embraced in this action, and did not in any sense constitute accounts stated between the parties, and it was error to hold that, upon the pleadings and evidence, plaintiff was not entitled to recover. Lewis v. Railroad, 49 Fed.
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Error to St. Louis City Circuit Court. — Son. Jacob Klein, J udge. (1) The estimates and decisions of the water commissioner of St. Louis, in evidence in this cause, were not final and conclusive as to the work and material embraced in this action, and did not in any sense constitute accounts stated between the parties, and it was error to hold that, upon the pleadings and evidence, plaintiff was not entitled to recover. Lewis v. Railroad, 49 Fed. Rep. 710; Pollman v. St. Louis, 145 Mo. 651; Williams v. Railroad, 112 Mo. 463; s. c., 153 Mo. 487; Jemmison v. Gray, 29 Iowa, 550; Railroad v.…
1Opinion of the CourtRobinson, J.
This is a suit against the defendant city of St. Louis, to recover an alleged balance of $22,323.49, composed in the main of claims for extra work and material furnished by plaintiff in driving and lining up what is termed in the contracts between the plaintiff and defendant, of an inlet tunnel and tower, at the Chain of Rocks, under the Missis— ippi river, to be used in connection with the city’s waterworks. For a fuller statement and history of the case We have adopted, in the main, that furnished by counsel for respondent as follows :
The amended petition on which the case was tried is in…
2Cases cited10 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Williams v. Chicago, Santa Fe & California Railway Co.Supreme Court of Missouri · 1892
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- Holmes v. RichetCalifornia Supreme Court · 1880
- Pollman & Bros. Coal & Sprinkling Co. v. City of St. LouisSupreme Court of Missouri · 1898
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3Cited by40 opinions
- Vilter Mfg. Co. v. RolaffCourt of Appeals for the Eighth Circuit · 1940
- Scott v. Parkview Realty & Improvement Co.Supreme Court of Missouri · 1912
- Wahl v. CunninghamSupreme Court of Missouri · 1932
- McFern v. GardnerMissouri Court of Appeals · 1906
- Phillips Petroleum Co. v. Rau Const. Co.Court of Appeals for the Eighth Circuit · 1942
35 more not listed; retrieve them via the Exa API.