Traders' Bank v. Payne
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. James H. Slover, Judge. Statement of case by the court. This is an action to recover on several tax bills issued by the engineer of the City of Kansas to Com-stock & Halsey, as contractors, for the paving of Broadway, a street on said city, from Third street south to the city limits. The plaintiff sues as assignee under Com-stock & Halsey.
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Appeal from Jackson Circuit Court, Hon. James H. Slover, Judge. Statement of case by the court. This is an action to recover on several tax bills issued by the engineer of the City of Kansas to Com-stock & Halsey, as contractors, for the paving of Broadway, a street on said city, from Third street south to the city limits. The plaintiff sues as assignee under Com-stock & Halsey. The special defence alleges that defendant “did not substantially or at all comply with • said contract with the city for the doing of said work in this, that by the terms of said contract the concrete under the…
1Opinion of the CourtPhilips, P. J.
The result of this opinion may perhaps be more logically apparent by stating that -the action herein is founded in contract, and not on a quantum meruit. The petition sets out that the work was authorized by a certain ordinance of the City of Kansas, and that Comstock & Halsey were the contractors thereunder, who did the work, and received the tax bills therefor from the city engineer. But for the fact that the charter of the city makes such a tax bill primafaeie evidence of the regularity of every essential precedent act, it -would have devolved upon the plaintiff, in developing its case, to…
2Cases cited4 opinions
- City ex rel. McGrath v. ClemensSupreme Court of Missouri · 1872
- Hirt v. HahnSupreme Court of Missouri · 1876
- Lewis v. SlackMissouri Court of Appeals · 1887
- Meyer v. WrightMissouri Court of Appeals · 1885
3Cited by8 opinions
- Porter v. R. J. Boyd Paving & Construction Co.Supreme Court of Missouri · 1908
- Schreck v. ParkerMissouri Court of Appeals · 1965
- Coulter v. Phoenix Brick & Construction Co.Missouri Court of Appeals · 1908
- Quest v. JohnsonMissouri Court of Appeals · 1894
- Hayes v. BunchMissouri Court of Appeals · 1902
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