Cushing v. Bullock
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Lucian J. Eastin, Judge. In plaintiff’s exhibit A, Mrs. Hutton, one of respondent’s grantors, in order have the improvement made expressly waived all defenses to the taxbills sued on and agreed not to contest their validity. This agreement was founded upon a good consideration, is lawful, estops respondent and entitles appellant to judgment. (1) On the record the taxhills are void.
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Appeal from Buchanan Circuit Court. — Hon. Lucian J. Eastin, Judge. In plaintiff’s exhibit A, Mrs. Hutton, one of respondent’s grantors, in order have the improvement made expressly waived all defenses to the taxbills sued on and agreed not to contest their validity. This agreement was founded upon a good consideration, is lawful, estops respondent and entitles appellant to judgment. (1) On the record the taxhills are void. The tax-bills sued on in this case were issued for the same work as the taxhills were which were adjudicated by this court and held void in Cushing v. Russell, 134 Mo.…
1Opinion of the CourtEllison, J.
Plaintiff’s action is based upon certain special taxhills issued for improvements begun on certain streets in the city of St. Joseph, when the abutting property was owned by the widow and children as heirs of one Hutton. They afterwards sold to defendant Bullock. The judgment in the trial court was against the validity of the bills.
The ordinance authorizing the work is the same as that declaimed to be void in Cushing v. Russell, 134 Mo. App. 650, and it is conceded that the bills are void under that decision unless validated by the following consideration:
The contract for doing the work…
2Cases cited1 opinion
- Cushing v. RussellMissouri Court of Appeals · 1908