McQuiddy v. Brannock
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. C. L. Dobson, Judge. The alleged contract with Patrick Lyons was approved by the mayor and common council of Kansas -City on the twenty-first day of July, 1890, and in section 2, ordinance 1005 offered in evidence (the ordinance authorizing the contract), it is provided: “The work shall be completed within eighty (80) days from the time a contract therefor binds and takes effect.
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Appeal from the Jackson Circuit Court. — Hon. C. L. Dobson, Judge. The alleged contract with Patrick Lyons was approved by the mayor and common council of Kansas -City on the twenty-first day of July, 1890, and in section 2, ordinance 1005 offered in evidence (the ordinance authorizing the contract), it is provided: “The work shall be completed within eighty (80) days from the time a contract therefor binds and takes effect. The time of beginning and rate of progress and time of completion being essential conditions of this contract.” The work was not completed until April 23, 1891, which was…
1Opinion
ON MOTION BOB BEHEABING.
Ellison, J.
We have • been asked to grant a rehearing in this cause for several reasons:
1. First, that it was shown in evidence that the delay beyond the time specified in the contract was caused by two injunctions, one in August of short duration, and the other from the last days of January until April. . .
*543of'contact :'jnjunction agamst. *542In our opinion the fact that a contractor is *543enjoined will not excuse performance as stipulated. It is a contingency which should have been provided against in the contract and not having been so provided in the contract in question,…
2Cases cited22 opinions
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- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
- Thomson v. Mayor of BoonvilleSupreme Court of Missouri · 1875
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