Legal Opinion

Barber Asphalt Paving Co. v. Munn

Supreme Court of Missouri

Decided December 24, 1904PublishedCited by 19 opinions

Appeal from Jackson Circnit Court. — Eon. W.B. Teasdale, Judge. (1) The contract between Kansas City and tbe Paving Company to pave Tenth street upon being approved and confirmed by ordinance of. that city became the legislative act of the city; i. e., its terms had the dignity and sanction of a law, because the city on November 2, 1892, enacted an ordinance expressly confirming and approving that contract.

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Appeal from Jackson Circnit Court. — Eon. W.B. Teasdale, Judge. (1) The contract between Kansas City and tbe Paving Company to pave Tenth street upon being approved and confirmed by ordinance of. that city became the legislative act of the city; i. e., its terms had the dignity and sanction of a law, because the city on November 2, 1892, enacted an ordinance expressly confirming and approving that contract. That ordinance recited the date and the parties to the contract and expressly ordained and declared that the contract was thereby confirmed. Keating v. City of Kansas, 84 Mo. 415; Wheeler…

1Opinion of the CourtGantt, P. J.

This is an appeal from the circuit court of Jackson county. The suit is an action by petition in the ordinary form to enforce the collection of 'a special taxbill issued by Kansas City against a city lot owned by defendant, in part payment of the contract price, for paving Tenth street from Cherry to Olive street with an asphalt pavement. The petition contains four counts, each of which is grounded upon one of the four installments of the taxbill. The answer embraces first a- general denial and six special defenses as follows:

“1. That the ordinance and contract providing for the work,…

2Cases cited19 opinions

  1. French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
  2. Barber Asphalt Paving Co. v. UllmanSupreme Court of Missouri · 1897
  3. McQuiddy v. BrannockMissouri Court of Appeals · 1897
  4. Barber Asphalt Paving Co. v. FrenchSupreme Court of Missouri · 1900
  5. Neill v. GatesSupreme Court of Missouri · 1899

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3Cited by19 opinions

  1. Allen v. LabsapSupreme Court of Missouri · 1905
  2. Dickey v. HolmesSupreme Court of Missouri · 1907
  3. Asel v. City of JeffersonSupreme Court of Missouri · 1921
  4. Gilsonite Construction Co. v. Arkansas McAlester Coal Co.Supreme Court of Missouri · 1907
  5. State v. CampbellSupreme Court of Missouri · 1908

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