Likes v. City of Rolla
Missouri Court of Appeals
Appeal from Phelps County Circuit Court. — Hon. ' L. B. Woodside, Judge. ' (1) The city is estopped to deny its liability under the facts presented by this record. The same rule that would apply to individuals will be applied to the city in this ease. Depot Co. v. St. Louis, 76 Mo. 396; Stealey v. Kansas City, 179 Mo. 407; Edwards v. Kirk-wood, 147 Mo. App. 616; Wilson v. Drainage District, 176 Mo.
Read the full summary
Appeal from Phelps County Circuit Court. — Hon. ' L. B. Woodside, Judge. ' (1) The city is estopped to deny its liability under the facts presented by this record. The same rule that would apply to individuals will be applied to the city in this ease. Depot Co. v. St. Louis, 76 Mo. 396; Stealey v. Kansas City, 179 Mo. 407; Edwards v. Kirk-wood, 147 Mo. App. 616; Wilson v. Drainage District, 176 Mo. App. 497. (2) The board of aldermen alone, by ordinance, has the power to levy the assessments and authorize the issue of new tax bills to Mr. Likes in lieu of those which are void, and it is their…
1Opinion of the CourtSturgis, J.
The facts in this case are not in dispute. The defendant is a city of the fourth class. It has the power to and did enter into a contract with this plaintiff to pave Eighth street in the defendant city. It is agreed that there are no infirmities in this contract or the proceedings had relative thereto up to the time the work was completed and tax bills issued. The plaintiff complied with the contract in every particular and paved the street in the manner and with the materials specified in the contract. The contract in question contains these provisions: It is also expressly agreed that the…
Also in this document: Concurrence.
2Cases cited40 opinions
- Ft. Dodge Electric Light & Power Co. v. City of Ft. DodgeSupreme Court of Iowa · 1902
- Reilly v. . City of AlbanyNew York Court of Appeals · 1889
- German-American Savings Bank v. City of SpokaneWashington Supreme Court · 1897
- Barber Asphalt Paving Co. v. City of DenverCourt of Appeals for the Eighth Circuit · 1896
- Little v. City of PortlandOregon Supreme Court · 1894
35 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Seested v. DickeySupreme Court of Missouri · 1927
- Spickard v. Fire Ass'nMissouri Court of Appeals · 1912
- Roy A. Scheperle Construction Co. v. Cole CountyMissouri Court of Appeals · 1981
- Gulf Bitulithic Co. v. ScanlanCourt of Appeals of Texas · 1935
- Cruzen v. Boise CityIdaho Supreme Court · 1937
1 more not listed; retrieve them via the Exa API.